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61ST  CoKGREss,  (  SENATE.  J  Document 

2d  Session.       \  (No.  286. 


RETROCESSION  ACT  OF  1846 


Mr.  Carter  jji-esented  the  following 


liETTER  FROM  HANNIS  TAYLOR  TO  HON.  THOMAS  H.  CARTER, 
UNITED  STATES  SENATOR,  RENDERING  AN  OPINION  AS  TO  THE 
CONSTITUTIONALITY  OF  THE  ACT  OF  RETROCESSION  OF  1846. 


.Ianuarv  17.  1910. — Referred  to  the  Committee  on  the  Di(*trict  of  ('oluml)ia  and  with 
accompanying  illustrations  ordered  to  be  printed. 


THE  OPI.MDX  OF  H.INNIS  TAYLOR  .\S  TO  THE  CONSTITUTIONALITY  OF  THE 

ACT  OF  RETROCESSION  OF  m, 


My  Dear  Se.nar)!}:  You  luivo  requosted  me  to  make  a  careful 
examination  of  every  question  of  fact  and  law  necessarily  involved  in 
the  constitutionality  of  the  act  of  July  9,  1846  (9  Stat.,  35),  entitled 
"An  act  to  retrocede  the  coiuity  of  Alexandria,  in  the  District  of 
Columbia  to  the  State  of  Mrginia."  I  will  |)reface  my  conclusions, 
which  are  arranged  under  four  heads,  with  a  few  observations  as  to 
the  history  of  the  original  cession  that  will  hardly  be  controverted  by 
any  one.  The  contemporaneous  evidence  puts  tlie  fact  beyond  all 
question  that  the  iinal  definition  of  a  district  10  miles  square  as  the 
seat  of  oui-  Federal  Government  was  in  a  special  sense  the  personal  work 
of  President  Washington,  whose  task  involved  the  accjuisition  of  the 
title  to  the  tract  from  three  scnnres — the  State  of  Virginia,  the  State 
of  Maryland,  and  the  19  local  ])ropriet()rs  who  owned  that  part  of 
the  heart  of  the  ])iesent  city  which  imilerlies  the  Capitol,  the  White 
House,  and  the  Treasury.  Washington's  task  was  to  induce  the  three 
parties  who  held  the  title  to  cede  to  the  F'ederal  Government,  without 
any  direct  pecimiaiy  consideiation,  the  entire  area  under  a  cpiadri- 
laterai  contract  in  which  that  Government  was  the  grantee  and  l)ene- 
ficiary,  and  \'ii-ginia.  Maryland,  and  the  19  local  |)roprietors  tin' 
grantors.  The  real  consideration  moving  to  such  grantors  was  the 
incidental  benefits  to  accrue  to  them  from  their  joint  cession  which, 
in  tiie  language  of  the  act  of  July  16,  1790,  "is  hereby  accepted  for 
fhe  juvnKiiieiif  s<iif  of  the  Goveiiimenl  of  \\\o  Cnited  States.''  '^Phat 
covenant  i-e|)resente(l  the  only  consideration  moving  direct  ly  fi'om  the 
Federal  Government,  while  the  thiee  grantors  were  bound  to  each 
other  by  the  nnitual  consideiations  moving  from  the  one  to  the  other 
under  interdepcndenf  giants.  Mai-yland,  the  last  to  grant ,  expressed 
t  he  idea  (»f  t  he  mut  ual  bcnchts  to  be  derived  from  a  common  enter|)rise 
when  her  legislat  IMC  declared  that  "it  appears  to  this  general  assembly 
highly  just  and  expedient  that  all  the  lands  williin  the  said  city 
should  confrihufe,  in  due  projiortioii,  in  the  inanis  irhicli  lidrr  (i/readi/ 
(jrexithj  cnlKtnced  the  value  of  the  irhoJe.^'     Ihider  that  quadrilateral 

44877(3 


2  EETROCESSION   ACT   OF  1846. 

contrju't.  supported  b}'  tlie  foiegoin<i;  considerations,  the  Federal 
Government  entered  into  possession  with  a  ])erfect  title,  after  the  final 
cession  made  by  Maryland,  December  19,  1791.  No  one  perhaps  will 
deny  that  after  the  title  to  the  entire  area  had  thus  passed  from  the 
three  «!;rantors  into  the  corporate  person  of  the  nation  neither  the 
State  of  Virpnia  nor  the  State  of  ^Maryland  could  have,  either  in  law^ 
or  in  equity,  any  claim  to  the  common  heritao;e  superior  to  that  of  any 
other  State.  Under  such  conditions  the  Federal  Government  re- 
mained in  peaceful  possession  of  the  entire  area  10  miles  square  and 
governed  tne  same  under  the  Constitution  for  a  period  of  fifty-five 
years.  During  that  time  the  original  boundaries  as  designed  by 
Washington  were  marked  by  massive  stone  monuments,  wdiich  still 
abide  unimpaired.  By  the  act  of  retrocession  of  July  9,  1846,  the 
district  was  dismembered  by  a  conveyance  to  Vii'ginia  of  nearly  one- 
half  of  the  entire  area  for  no  i)ecuniary  or  property  consideration 
whatever.  AVliat  was  the  real  motive  of  the  retrocession  it  is  at  this 
time  difficult  to.  ascertain.  From  a  legal  standpoint  the  fact  that  the 
portion  reconveyed  to  Virginia  had  originally  been  contributed  by  her 
is  of  no  significance  whatever.  Tiierefore,  before  argument  begins, 
the  mind  wonders  upon  what  constitutional  principle  such  retro- 
cession could  have  been  made.  Two  distinct  parts  of  the  Constitu- 
tion are  involved:  First,  that  part  of  section  8,  Article  I,  which  pro- 
vides that  Congress  shall  have  power  "To  exercise  exclusive  legisla- 
tion in  all  cases  whatever,  over  such  District  (not  exceeding  10  miles 
square)  as  may,  by  cession  of  particular  States,  and  the  acceptance  of 
Congress,  become  the  seat  of  government  of  the  United  States;" 
second,  that  part  of  section  10,  Article  I,  which  provides  that  "No 
State  shall  pass  any  bill  of  attainder,  ex  post  facto  law,  or  law  impairing 
the  ohligation  of  contracts.''^  During  the  memorable  Senate  debate  led 
by  Senator  Hayw^ood,  of  North  Carolina,  who,  as  chairman  of  the 
District  Committee,  bitterly  assailed  the  constitutionality  of  the  act 
of  retrocession;  the  meaning  and  effect  of  section  8,  Article  I,  w^as  full}' 
explored.  I  can  not  doubt  the  soundness  of  the  conclusion  then 
reached  by  many  leading  statesmen  of  that  day  to  the  effect  that, 
considered  in  reference  to  that  part  of  the  Constitution  alone,  the  act 
of  retrocession  is  null  and  void.  What  I  can  not  understand  is  ihi- 
fact  that  in  any  debate,  however  hastily  conducted,  the  deeper  and 
more  obvious  argument  based  on  the  contract  clause  of  the  Constitu- 
tion (Article  I,  section  10)  should  have  been  entirely  overlooked. 
And  yet  the  record  shows  that  such  was  the  fact.  It  never  occurred 
to  an  J  one  in  1846,  or  since  that  time,  to  look  to  the  sources  of  the 
title  in  the  quadrilateral  contract  upon  which  the  ownership  of  the 
area,  10  miles  square,  really  depends.  What  is  said  herein  as  to  that 
branch  of  the  subject  is  my  personal  contribution  to  the  controversy. 
The  Continental  Congress,  after  passing  its  last  act  on  October  10, 
1788,  expired,  leaving  to  the  new  Congress  that  assembled  at  New 
York  on  March  4,  1789,  the  task  of  selecting  a  permanent  seat  of 
government  under  the  mandate  contained  in  section  8,  Article  I,  of 
the  Constitution.  The  discussion  began  on  May  15  with  Virginia's 
offer  of  an  area  10  miles  square,  wdiich  was  followed  by  like  offers 
from  Maryland,  New  Jersey,  and  Pennsylvania.  On  wSeptember  3 
Mr.  Goodhue  said,  in  debate,  that  ''the  eastern  and  northern  Mem- 
bers had  made  up  their  minds  on  the  subject,  and  were  of  opinion 
that  on  the  eastern  banks  of  the  Susquehanna  Congress  should  fix 
its  permanent  residence,"  introfhicing  at  the  same  time  a  resolutior^ 


yu 


RETEOCESSION   ACT   OF   1846.  3 

to  that  effect.  On  September  7  Mr.  Lee  moved  to  amend  Mr.  Good- 
Inie's  resolution  by  substituting  the  "north  bank  of  the  River  Poto- 
mac, in  the  State  of  Maryhmd/'  for  ''the  east  bank  of  the  river  Sus- 
quehanna, in  the  State  of  Pennsylvania."  After  prolonged  discussion 
the  act  of  July  16,  1790,  was  passed,  and  the  site  of  the  District  finally 
located,  partly  in  Prince  George  and  Montgomery  counties,  in  the 
State  of  Mar3-land,  and  parti}'  in  Fairfax  County,  in  the  State  of 
Virginia,  by  proclamation  of  President  George  Washington,  March  30, 
1791,  within  the  following  bounds: 

Beginning  at  Jones  Point,  being  the  upper  cape  of  Hunting  Creek,  in  Virginia,  and 
at  an  angle  in  the  outset  of  45  degrees  west  of  the  north,  and  running  in  a  direct  line 
10  miles  for  the  first  line;  then  beginning  again  at  the  same  Jones  Point,  and  run- 
ning another  direct  line  at  a  right  angle  with  the  first  across  the  Potomac  10  miles 
for  the  second  line;  then  from  the  terminations  of  the  said  fu'st  and  second  lines 
running  two  other  direct  lines  of  10  miles  each,  the  one  crossing  the  Eastern  Branch 
aforesaid  and  the  other  the  Potomac,  and  meeting  each  other  in  a  point. 

Southwestern  side,  10  miles  230.6  feet. 

Northeastern  side.  10  miles  263.1  feet. 

Southeastern  side.  10  miles  70.5  feet. 

Northwestern  side,  10  miles  63  feet.  \ 


LOP^    '^■(rP  I  ^:^    ^ 


'  »   *     *     i     # 


4  RETROC'KSSION    ACT    OF    184G. 

Fi'Din  tho  foroi^oiiii:;  (liai2;ram  it  a|)|)oars  that  tho  "jjortion  derived 
from  ami  receded  to  Viriiiuia "  eonstitutes  nearly  one-half  of  the 
territory  of  the  District  as  originally  defined  in  the  proclamation  of 
March  W,  1791.  If  the  act  of  July  9,  1S46  (9  Stats.,  35),  entitled 
"^4/*  act  to  retrocede  the  county  of  Alexandria,  in  the  District  of  Columbia , 
to  the  State  of  Virginia,''  is  unconstitutional  and  yoid,  the  laws  of  the 
United  States  should  now  he  executetl  by  the  President  throughout 
the  "portion  derived  from  and  receded  to  Virginia." 

1.   ACT  OK  lS-;(i  UNCONSTITUTIONAL  BECAUSK  IN  CONFLICT  \VTTI1   SKCTION  S.  ARTI- 
CLE 1,  OF  THE  CONSTITI-TION". 

That  section  j)roy  ides  that  "The  Congress  shall  have  power  *  *  * 
tt)  exercise  exclusive  legislation  in  all  cases  whatsoever  over  such 
District  (not  exceeding  10  miles  square)  as  may  by  cession  of  par- 
ticular States,  and  the  acceptance  of  Congress,  become  the  seat  of  the 
Government  of  the  United  States."  After  the  power  to  select  the 
seat  of  government  had  been  once  exercised  by  Congress,  after  the 
cessions  had  been  made  for  that  })urpose  by  "particular  States," 
after  the  area  so  ceded  had  been  accepted  by  Congress  under  the  act 
of  July  16,  1790,  declaring  "the  same  is  hereb}^  accepted  for  the 
permanent  seat  of  the  Government  of  the  United  States,"  the  power  of 
Congress  over  the  subject-matter  was  exhausted.  Or,  if  it  was  not 
exhausted,  it  could  not  again  be  exercised,  because  no  power  re- 
mained to  transfer  the  District  as  originally  created  and  accepted 
or  any  portion  of  it  to  any  State.  In  other  words,  after  a  district 
10  miles  square  had  once  been  established  and  accepted  as  a  per- 
manent seat  of  government,  Congress  possessed  no  power  to  acquire 
another  territory  for  another  seat  of  government  without  vio- 
lating the  constitutional  limitation  which  confined  it  to  the  10 
miles  sciuare.  The  Congress,  an  agent  of  limited  authority,  was 
expressly  authorized  to  receive  cessions  from  States  of  a  limited 
amount  of  territory  to  be  held  as  a  permanent  seat  of  government, 
but  it  was  not  authorized,  expressly  or  inipliedly,  to  give  unj  part 
of  such  cessions  away  to  anyone.  Such  was  the  constitutional 
difficulty  which  the  Hon.  R.  M.  T.  Hunter  attempted  to  overcome 
when  the  bill  in  question  was  up  for  debate  in  the  House  of  Repre- 
sentatives, May  8,  1846.  (See  Cong.  Globe,  vol.  15,  No.  2,  Ap- 
pendix, pp.  894-898.) 

When  the  bill  passed  to  the  Senate  tiie  chairman  of  the  Committee 
on  the  District  of  Colum])ia,  Senator  Haywood,  of  North  Carolina 
earnestly  opposed  it.  In  the  proceedings  of  June  17,  1846,  the  fol- 
lowing appears: 

"retrocession    of    ALEXANDRIA. 

"Mr.  Haywood,  from  the  Committee  on.  the  District  of  Columbia, 
reported  the  bill  for  the  retrocession  of  the  city  and  county  of  Alex- 
andria with  a  recommendation  that  it  be  rejected."  (Cong.  Glo})e. 
vol.  15,  No.  3,  pj).  985-986.) 

In  the  debate  which  took  place  on  June  30,  Mr.  Haywood  said  in 
part:  "If  there  was  any  particular  evil  to  be  remedied  by  diminishing 
the  extent  of  the  10  miles  square,  the  committee  had  not  been 
apprised  of  it:  if  any  |)articular  good  to  be  attained,  they  were  not 
apprised.     When  the  retrocession  was  first  suggested  to  the  considera- 

..       .in      •     .     •*  .♦  •'«.  '    m       .  * 

......*..•• •     ;     •'  I  :     ••::.**!: 


BETROCESSIOX   ACT   OF   1846.  5 

tion  of  the  Senate,  doubts  were  entertained  by  many  how  far  it  was 
competent  for  Conjjress  to  recede  what  the  Constitution  liad  for  a 
[)articuhir  purpose  authorized  them  to  accept.  The  States  of  Mary- 
land and  Mro:inia  had  ceded  this  territory  to  Congress,  to  be  taken 
under  its  exchisive  jurisdiction  for  the  seat  of  government,  and  Con- 
gress, in  the  execution  of  that  intention,  solemnly  declared  by  enact- 
ment its  acceptance  of  the  grant,  and  that  this  District  should  be  per- 
petually the  seat  of  government.  Individual  citizens  of  the  District, 
a  minority,  if  they  chose  to  assume  that  they  were  so,  had  purchased 
jiroperty  and  become  residents  of  the  county  under  this  i)ledge,  and 
unless  there  were  some  evil  to  be  remedied  or  decided  advantage  to  be 
gained  by  the  change,  which  would  compensate  those  citizens,  where 
was  the  propriety  of  violating  that  i)le(lger'  Mr.  Miller,  who  fol- 
lowed, said  m  part  that  ''he  was  inclined  to  think  that  the  subject 
was  of  more  importance  than  he  had  at  first  view  sui)})osed.  His 
first  imju-essions  were  in  favor  of  the  bill,  for  he  supposed  that  the 
whole  matter  depended  upon  the  wishes  of  the  people  of  Alexandria 
and  Virginia.  But,  upon  an  examination  of  the  subject,  he  found 
himself  in  great  doubt  as  to  whether  Congress  had  the  j)ower  to  pass 
such  an  act;  and  even  if  the}"  had  the  power  he  was  perfectly  convinced 
that  it  would  not  be  good  policy  to  do  it."  He  then  contended  "that 
if  Congress  had  the  power  to  cede  away  any  part  of  tlie  District,  they 
had  power  to  cede  the  whole,  and  tliereby  entirely  defeat  the  inten- 
tion of  the  constitutional  provision  in  regard  to  the  seat  of  govern- 
ment." In  the  final  debate,  which  took  place  on  July  2,  "Mr.  Hay- 
wood opposed  the  bill,  and  in  an  elo([uent  manner  contended  for  the 
sacred  immunity  of  the  Constitution  and  the  wise  arrangements  of 
the  sages  of  the  Revolution.  He  also  argued  the  constitutional  (|ues- 
tion  at  considerable  length  and  with  cliaracteristic  ability."  Thir- 
teen Senators  jcnned  Mr.  Havwood  in  opposition  to  tlie  bill,  which 
l)assed  by  a  vote  of  32  to  14.'  (Cong.  Globe,  vol.  15,  No.  8,  p.  1046.) 
Section  K  of  Article  I  of  the  Constitution,  when  taken  as  a  whole, 
|)rovides  thjit  "The  Congress  shall  have  ]K)wer  *  *  *  to  exercise 
exclusive  legislation  in  all  cases  whatsoever  over  such  District  (not 
excee(hng  10  miles  square)  as  may,  by  cession  of  particular  States, 
and  the  acceptance  f)f  Congress,  become  the  seat  of  the  Government  of 
the  United  States,  and  to  exercise  like  authority  over  all  places  pur- 
chased by  the  consent  of  the  legislature  of  the  State  in  which  the 
same  shall  l)e,  for  the  erection  of  forts,  magazines,  arsenals,  dnck 
vards,  and  other  needful  buildings."  The  delegation  (if  |)o\\cr  thus 
made  to  Congress  to  acquire  a  seat  of  government  for  the  Iniled 
States,  through  a  formal  acce|)tance  of  cessions  to  he  made  by  par- 
ticular States,  is  a  distinct  subject-matter,  entirely  separate  and  apart 
from  the  succeeding  delegation  of  power  to  govern  '"all  places  |)nr- 
cha.seil  bv  the  con.sent  of  the  legislature  of  the  State  in  which  the 
same  shall  l)e."  Did  the  grant  of  an  crpnss  /wz/vr  formally  to  accept 
cessions  from  particular  States,  which  were  to  constitute  and  "become 
the  seat  of  goverrunent  of  the  I'nited  States."  carry  with  it,  as  a 
neeessarv  imjilication.  tlie  right  to  use  th(>  means  necessary  for  the 
execution  of  the  powers  In  other  words,  did  the  implied  power  to 
u.se  such  neeessarv  means  Mow  from  the  exjtress  power  ((»  a«<omplish 
the  end^  In  coiistruing  that  <  hnise  which  provides  that  Congress 
shall  have  power  "to  make  all  laws  which  shall  he  necessary  an<l 
proper  for  carrying  into  execution  I  he  foregoing  powers,  and  all  other 


6  RETROCESSION   ACT   OF   1846. 

powers  vested  by  the  Constitution  in  the  Government  of  the  United 
States,  or  in  any  department  or  officer  thereof,"  it  was  held  at  an 
earl>'  ihiy  tliat  the  ehiuse  in  question  ''confers  on  Con<2;ress  the  choice 
of  means  and  does  not  confine  it  to  what  is  intHspensably  necessarv." 
(United  States  v.  Fisher,  2  Cranch,  358.)     Tn  McCulloch  v.  Maryland 
(4  Wheat.,  316)  it  was  said  that  "The  ii;overnment  which  has  a  right 
to  tio  an  act,  and  has  imposed  on  it  the  duty  of  ])erforming  that  act, 
must,  according  to  the  dictates  of  reason,  be  allowed  to  select  the 
means;     *     *     *     j^^^.  the  end  be  legitimate,  let  it  be  within  the 
sco})e  of  the  Constitution,  and  all  means  which  are  appropriate,  wliich 
are  plainly  adapted  to  that  end,  which  are  not  prohibited,  but  con- 
sistent with  the  letter  and  spirit  of  the  Constitution,  are  constitu- 
tional."    In  commenting  on  that  conclusion  in  the  Legal  Tender  Case 
(12  Wall.,  457)  the  Su})reme  Court  said:  "Suffice  it  to  say  in  that 
case  it  was  finally  settled  that  in  the  gift  by  the  Constitution  to  Con- 
gress of  authority  to  enact  laws  'necessary  and  proper'  for  the  exe- 
cution of  all  the  powers  created  by  it,  the  necessity  spoken  of  is  not 
to  be  understood  as  an  absolute  one.     On  the  contrary,  this  court 
then  held  that  the  sound  construction  of  the  Constitution  must  allow 
to  the  National  Legislature  that  discretion  with  respect  to  the  means 
by  wdiich  the  powers  it  confers  are    to    be  carried  into  execution 
which  will  enable  that  body  to  perform  the  high  duties  assignetl  to 
it  in  the  manner  most  beneficial  to  the  people."     The  express  man- 
date was  given  b}^  the  Constitution  to  Congress  to  acquire  a  seat  of 
government    by    cessions    froin    'particular    States,  and  in    no    other 
manner.     Congress   was    powerless   to   force   any  State   to   make   a 
cession;  it  could  not  go  beyond  the  limits  of  the  States.     It  could 
only  persuade;  it  could  not  command.     Congress  did  not  offer  to  the 
ceding  States  any  money  consideration  whatever  for  their  cessions. 
The  means,  and  the  only  means,  Congress  saw  fit  to  employ  to  accom- 
plish a  vitally  important  end  was  the  promise,  made  in  the  act  of 
July  16,  1790,  that  the  seat  of  government  to  be  located  on  the  ces- 
sions should  be  "permanent."     The  act  expressly  declared  that  "the 
district  so  defined,  limited,  and  located  shall  be  deemed  the  district 
accepted  l)y  this  act  for  the  j^ermanent  seat  of  governTnent  of  the  United 
States."     When  Mr.  Madison  moved,  in  the  House  of  Representa- 
tives, to  strike  out  the  word  "permanent"  from  this  act,  he  was  voted 
down;  and  thus  we  have  a  legislative  interpretation,  practically  con- 
temporaneous, to  the  effect  that  the  Constitution  intended  to  confer 
upon  Congress  the  powder  to  make  the  seat  of  government  permanent. 
Contemporary  interpretation  of  the  Constitution,  practiced  and  acqui- 
esced in  for  vears,   conclusively  fixes  its  construction.     (Stuart  v. 
Laird,  1   (Vanch,  299;  Martin  v.  Hunter,  1  Wheat.,  304;  Cohens  v. 
Virginia,  6  Wheat.,  264;  Cooley  v.  Pliila.  Post  Wowdens,   12  How., 
299;  Burrow  Giles  Lithographic  Co.  v.  Sarony,  111  U.  S.,  53.)     Thus 
it  was  settled  at  the  outset,  by  a  practically  contemporaneous  con- 
struction of  the  Constitution,  that  Congress,  as  a  means  of  executing 
the  exjiress  power  and  duty  to  secure  a  seat  of  government  by  cessions 
from  particular  States,  which  could  not  be  compelled  to  cede  any- 
thing, and  to  which  no  direct  consideration  was  paid,  was  authorized 
to  promise,  as  an  inducement  to  the  cechng  States,  that  the  seat  of 
government  to  be  fixed  on  the  territory  granted  by  them  should  be 
"permanent."     Without  the  employment  of  such  "necessary  and 
proper"  means,  how  could  the  express  power  have  been  executed  at 
all?     If  that  be  true,  then  the  power  in  question  was  exhausted  by 


EETEOCESSION   ACT   OF  1846.  7 

its  exercise  under  the  act  of  July  16,  1790.  and  the  entire  territory  ceded 
and  accepted  by  Congress  under  tJiat  act  was  forever  dedicated  as  "the 
seat  of  the  Government  of  the  United  States. "  Such  was  the  view  of  the 
14  Senators  who  opposed  the  passa2;e  of  the  act  of  retrocession  on 
July  2,  1846. 

Some  years  ago  when  a  movement  was  on  foot  to  remove  the 
capital  to  the  valley  of  the  ^lississippi,  the  effect  of  the  action  of  Con- 
gress under  section  8,  Article  T,  was  fully  discussed.  I  am  informed 
that  it  was  then  universally  admitted  that  by  the  selection  of  the 
present  seat  of  government  the  power  of  Congress,  under  the  section 
in  cjuestion,  had  been  exhaiisted,  and  that  any  future  removal  can 
only  be  accomplished  through  an  amendment  of  the  Constitution. 

II.— ACT  OF    IS-Iti    UNCONSTITUTIONAL    BECAUSE    IN    CONFLICT    WITH    SECTION    10, 

ARTICLE  I,  OF  THE  CONSTITUTION. 

Conclusive  as  were  the  objections  made  in  Congress  to  the  consti- 
tutionality of  the  act  in  cpiestion,  under  section  8,  Article  I,  of  the 
Constitution,  an  objection  more  conclusive  still,  depending  upon  an 
entirely  different  section,  escaped  observation  through  tiie  failure  of 
busv  statesmen  to  examine  the  terms  of  the  original  cessions  through 
which  the  territory  in  ctuestion  was  derived.  The  record  shows  that 
no  examination  irhatever  teas  made  in  that  direction.  When  the  three 
cessions  through  which  the  territorv  of  the  District  was  derived  are 
examined,  it  ap])ears  that  there  were  three  grantors,  the  State  of 
Virginia,  the  State  of  Maryland,  and  a  group  composetl  of  19  local 
proprietors.  The  grantee  was  "the  Congress  and  Government  of  the 
United  States."  Thus  it  was  that  four  parties  entered  into  a  ciuad- 
rilateral  contract  which  passed,  upon  its  execution,  under  the  pro- 
tection of  section  10  of  Article  1  of  the  Constitution,  which  provides 
that  no  State  shall  "'pass  any  bill  of  attainder,  ex  yost  facto  law,  or 
law  impairing  the  obligation  of  contracts."  That  phase  of  the  mat- 
ter was  in  nowise  considered  during  the  debates  of  1846. 


'r^ 


TIIE    VIRGINIA    GRANT    OF    DECEMBER,   1789. 

Section  2  of  that  act  reads  as  follows:  "Be  it  therefore  enacted  l)y 
the  general  assembly,  That  a  tract  of  country,  not  exceeding  ten  miles 
square,  or  any  lesser  (|uantity  to  be  located  within  the  limits  of  this 
State  and  in  ;inv  j)art  thereof  as  Congress  may  by  law  ilirect,  sliall  be 
and  the  same  \s  forever  ceded  and  relinquished  to  the  Congress  and  Gov- 
ernment of  the  I  nited  States,  in  full  and  ahsohde  right  and  junsdiction, 
as  well  of  soil  as  of  persons  rt  siding  or  to  reside  thereon,  pursuant  to  the 
tenor  and  ejfect  oj  the  eighth  section  of  the  first  article  of  the  Constdution 
of  the  Government  of  the  Jhiited  States." 

(;|{A.\TS    IKO.M     MNK'IKHN    LOCAL    rUOI'UI  KTOUS. 

On  .\lur<li  'Kl,  1791,  1!»  loc-d  proprietors  executed  an  agreement  in 
wiiich 

Wo,  the  subHtribers,  in  ronsideralion  of  the  grfat  benefits  w(^  expect  to  dfriNc  from 
having  the  federal  city  laid  oi'f  ii|)oii  our  land.'^,  do  hereby  aRree  and  bind  oiirselveH, 
heirH,  executorn,  and  adniinifslralors,  to  convey,  in  trnwt,  to  the  I're.sicb  nl  of  (ho 
United  State.s,  or  cornmi.'SHioner.'s,  r)r  .such  perwon  or  perwohH  as  he  Hhall  appoint,  by 
good  and  sufJicienl  der-ds,  in  fee  .^inipie,  the  whole  of  our  rcHpcclive  lands  which  he 
may  think  proix-r  to  include  within  tin-  lines  of  the  federal  city,  for  the  purposes  and 
on  the  coMilit.i<in>  following: 

The  i'residcnl  .«liall  have  the  sole  power  of  direeting  the  federal  iit\  to  he  laid  off 
in  what  manner  he  pleaseH. 


8  RETROCESSION   ACT   OF   1846. 

Ih'  may  n'tain  any  number  of  s((uai't's  lie  may  think  proper  for  public  improve- 
ments, or  other  public  Uf^es;  and  the  lots  only  which  shall  be  laid  off  shall  be  a  joint 
proi)i>rty  between  the  trustees  on  behalf  of  the  public  and  each  present  proprietor, 
and  the  same  shall  be  fairly  and  equally  divided  between  the  public  and  the  indi- 
\iduals,  as  soon  as  may  be,  the  city  shall  be  laid  off. 

For  the  streets  the  jjroprietors  shall  receive  no  comj)ensation;  but  for  the  squares 
or  lands  in  any  form,  which  shall  be  taken  for  public  buildinsis,  or  any  kind  of  pub- 
lic impro\enu>nts  or  uses,  the  proprietors  whose  lands  shall  be  taken  shall  receive  at 
the  rale  of  X25  i)er  acre,  to  be  paid  by  the  public. 

On  or  about  June  29,  1791,  these  19  ()rio;inal  proprietors  of  the 
•greater  part  of  the  hinds  which  now  constitute  the  city  of  Washington, 
in  execution  of  the  agreement  of  March  80,  1791,  conveyed  them  in 
trust,  by  deeds  in  a  form  appended  later  on.  In  each  one  of  these 
trust  deeds  it  is  provided  that  the  lands  in  question  are  conveyed — 

To  and  for  the  special  trust  following,  and  no  other;  that  is  to  say:  That  all  the  said 
lands  hereby  bargained  and  sold,  or  such  part  thereof  as  may  be  thought  necessary  or 
proper  to  be  laid  out,  together  with  other  lands  within  the  said  limits,  for  a  federal 
city,  with  such  streets,  squares,  parcels,  and  lots  as  the  President  of  the  United  States 
for  the  time  being  shall  approve;  and  that  the  said  Thomas  Beall  of  George  and  John 
M.  Gantt,  or  the  survivor  of  them,  or  the  heirs  of  such  sur\dvor  shall  convey  to  the 
commissioners  for  the  time  being,  appointed  by  virtue  of  the  act  of  Congress  entitled 
"An  act  for  establishing  the  temporary  and  permanent  seat  of  the  Government  of  the 
United  States,"  and  their  successors,  for  the  use  of  the  United  States  forever. 

Thus  it  appears  that  the*  19  local  proprietors  conveyed  their 
lands  to  the  United  States  forever,  under  the  terms  and  conditions 
of  section  2  of  the  act  approved  July  16,  1790,  which  provided  ex- 
pressly as  follows:  "That  the  President  of  the  United  States  be 
authorized  to  appoint,  and  by  supplying  vacancies  happening  from 
refusals  to  act  or  other  causes,  to  keep  in  appointment  as  long  as  may 
be  necessary,  three  commissioners,  who,  or  any  two  of  whom,  shall, 
under  the  direction  of  the  President,  survey,  and  by  proper  metes 
and  bountls  define  and  limit  a  district  of  territory,  untler  the  limita- 
tions above  mentioned;  and  the  district  so  defined,  limited,  and  located 
shall  he  deemed  the  district  accepted  hy  this  act  for  the  permanent  seat 
of  the  Government  of  the  Vnited  States.'"  Acting  under  and  by  virtue 
of  that  section  the  President,  by  his  proclamation  of  March  30,  1791, 
completed  the  acceptance  and  defined  the  boundaries  of  the  said 
territory  of  10  miles  square.  The  terms  of  the  proclamation  are  as 
follows : 

Now,  therefore,  for  the  j)urpose  of  amending  and  completing  the  location  of  the 
whole  of  .said  territory  of  10  miles  square,  in  conformity  with  the  .said  amendatory 
act  of  Congress,  I  do  hereby  declare  and  make  known  that  the  whole  of  the  said  terri- 
tory shall  be  located  and  included  within  the  four  lines  following;  that  is  to  say: 

Beginning  at  Jones  Point,  being  the  upper  cape  of  Hunting  Creek,  in  Virginia, 
and  at  an  angle  in  the  outset  of  forty-five  degrees  west  of  the  north,  and  running  in  a 
direct  line  10  miles,  for  the  first  line;  then  beginning  again  at  the  same  Jones  Point, 
and  running  another  direct  line,  at  a  right  angle  with  the  first,  across  the  Potomac 
10  miles,  for  the  second  line;  thence  from  the  termination  of  said  first  and  second 
lines,  running  two  other  lines  of  10  miles  each,  the  one  crossing  the  Eastern  Branch 
aforesaid  and  the  other  the  Potomac,  and  meeting  each  other  in  a  point. 

And  I  do  accordingly  direct  the  commissioners  named  under  the  authority  of  the 
said  first-mentioned  act  of  Congress  to  proceed  forthwith  to  have,  the  said  four  lines 
run,  and  by  proper  metes  and  bounds  defined  and  limited,  and  thereof  to  make  due 
report,  under  their  hands  and  seals;  a7id  the  territory  so  to  be  located,  defined,  and  limited 
shall  be  the  vhole  territory  accepted  by  the  said  act  of  Congress  as  the  district  for  the  per- 
manent seat  of  the  Government  of  the   United  States. 

It  thus  appears  that  three  months  before  tJie  19  proj)rietors  made 
their  grants  to  the  fWdted  States  for  a  permanent  seat  of  government, 
\in(h'r    the    act    of  Congress   of    Julv    16,    1790,   the    I'resident    had 


RETROCESSION    ACT    OF    18-t(i.  9 

definitely  defined  and  accepted  the  territt)rv  of  10  miles  square, 
including  therein  the  grant  from  Virginia.  It  thus  aj)pears  that 
a  vital  condition  precedent  to  the  grant  from  the  11)  proprietors  was 
embodied  in  the  fact  that  Virginia  had  ceded  and  the  United  States 
had  accepted  already  from  her  a  section  of  territory,  constituting 
nearly  one-half  of  the  total  area  embraced  in  '"said  territory  of  10 
miles  square."  The  border  lines  of  the  lands  of  the  several  original 
owners  of  the  site  of  the  city  of  Washington,  exclusive  of  Georgetown, 
were  laid  down  on  the  land,  as  a  preliminary  engineering  ground- 
work, by  Major  L'Enfant  in  designing  the  maj)  of  the  fetleral  city, 
and  the  plan  of  the  city  was  subsequently  mapped  out  over  these 
lines.  In  consequence  of  disputes  as  to  the  meaning  of  portions  of 
the  deeds  from  the  original  proprietors,  the  trustees  refused  to  con- 
vey the  streets  and  reservations  to  the  commissioners  to  lay  out  the 
city,  but  the  Supreme  Court  of  the  United  States  decided  that  the 
fee  simple  was  vested  in  the  United  States.  See  Van  Ness  and  wife 
V.  The  Mayor,  etc..  of  Washington,  and  the  United  States,  4  Pet.,  232. 

THE    FINAL    GRANT    FROM    MARYLAND. 

Maryland,  the  last  to  convey,  took  no  definitive  or  effective  action 
prior  to  the  passage  of  her  act  of  December  19,  1701,  entitled  "An 
act  concerning  the  Teiritory  of  Columbia  and  the  city  of  Washington." 
As  early  as  December  23,  1788,  Maryland  exi)ressed  her  good  inten- 
tions in  the  following  act  under  which  no  action  w  as  ever  taken: 

AN  ACT  To  cede  to  Congress  a  district  of  10  miles  square  in  this  State  (Maryland)  for  the  seat  of  tlie 
Government  of  the  United  States.     Approved  December  2:{,"l788. 

Be  it  enacted  by  the  general  asstmbly  oj  Maif/land.  That  the  ReI)^e!^entatives  of  this 
State  in  the  House  of  Representatives  of  the  ('onfj:ress  of  the  United  States,  appointed 
to  a.ssemhle  at  New  York  on  the  first  Wednesday  of  March  n(>xt,  be,  and  they  are 
hereby,  authorized  and  reciuired,  on  behalf  of  this  State,  to  cede  to  the  ('on_2;ress  of 
the  United  Slates  any  district  in  this  State  not  oxceedins  10  miles  sciiiare,  which  the 
Congres.s  may  fix  upon  and  accept  for  the  seat  of  government  of  the  United  States. 

As  no  conveyance  could  be  made  under  this  act  except  to  "the 
Congress,"  as  distinguished  from  the  Ciovernment  of  the  United 
States,  anil  as  no  selection  of  a  site  had  then  been  made  there  was  no 
attempt  to  execute  the  power  vested  in  the  Representatives  of  Mary- 
land in  the  National  House  of  Repiesentatives.  \'irginia  made  her 
grant,  which  was  the  first  grant,  December  3,  178',);  the  H)  local 
proj)rietois  peifected  their  grants  on  or  about  the  29th  of  Jmie,  1791  ; 
Maryland  did  not  make  her  grant  until  Decembci-  19,  1791.  In  ihal 
grant,  embodied  iu  a  very  elaborate  act  of  13  sections,  Maryland  put 
the  fact  beyond  all  (|uestion  that  the  prior  grants  made  by  \'iiginia 
and  the  19  |)i()piietors  vjere  conditions  precedent  to  her  grant.  In  the 
preamble  the  act  recites  the  description  of  the  houndaries  of  the 
District  in  these  terms: 

Begin  nil)",'  a  I  .lone-  Point,  being  the  upper  point  of  liunlin^i  <  ri'ck,  in  \  ir^nii:i,  and 
at  an  angle  at  the  out-ct  forty-live  degrees  west  of  north,  and  running  a  (lire<l  line 
ten  mile-  for  the  (ir.t  line;  then  beginning' aua in  at  the  .-ainr  .lone-  I'oinI  and  running 
another  direct  line  at  a  right  angle  with  the  first  across  the  I'olomac  ten  miles  for  the 
Hecond  line;  then  from  the  terminations  of  the  said  first  and  second  lines  running  two 
other  direct  lines  ten  miles  each,  the  one  across  the  Kastern  Branch  and  the  other 
I'otomuc,  and  meeting  each  other  in  a  point,  which  h.'S  since  been  called  the  Territory 
of  <  oluinbia. 


10  RETROCESSION   ACT   OF   1846. 

After  thus  describing  the  prk>r  grant  from  Virginia  the  Maryland 
act  thus  refers  to  the  prior  grant  made  by  the  19  proprietors: 

AMiercas  Notley  Young;,  Daniel  Carroll,  of  Duddington,  and  many  others,  proprietors 
of  the  greater  part  of  the  land  hereinafter  mentioned  to  have  been  laid  out  in  a  city, 
came  into  an  agreement,  and  have  conveyed  their  lands  in  trust  to  Thomas  Beall, 
son  of  George,  and  John  Mackall  Gantt,  whereby  they  have  subjected  their  lands  to 
be  laid  out  as  a  city,  given  up  part  to  the  United  States,  and  subjected  other  parts 
to  be  sold  to  raise  money  as  a  donation  to  be  employed  according  to  the  act  of  Congress 
for  establishing  the  temporary  and  permanent  seat  of  the  Government  of  the  United 
States,  under  and  upon  the  terms  and  conditions  contained  in  each  of  the  said  deeds; 
and  many  of  the  proprietors  of  lots  in  Carrollsburg  and  Hamburg  have  also  come  into 
an  agreement,  subjecting  their  lots  to  be  laid  out  anew,  giving  up  one-half  of  the  quan- 
tity thereof  to  be  sold,  and  the  money  thence  arising  to  be  applied  as  a  donation  as 
aforesaid,  and  they  to  be  reinstated  in  one-half  of  the  quantity  of  their  lots  in  the  new 
location,  or  otherwise  compensated  in  land  in  a  different  situation  within  the  city, 
by  agreement  between  the  commissioners  and  them,  and  in  case  of  disagreement, 
that  then  a  just  and  full  compensation  shall  be  made  in  money;  yet  some  of  the 
proprietors  in  Carrollsburg  and  Hamburg,  as  well  as  some  of  the  proprietors  of  other 
lands,  have  not,  from  imbecility  and  other  causes,  come  into  any  agreement  concerning 
their  lands  within  the  limits  hereinafter  mentioned,  but  a  very  great  number  of  the 
landholders  having  agreed  on  the  same  terms,  the  President  of  the  United  States 
directed  a  city  to  be  laid  out  comprehending  all  the  lands 

within  a  particular  area  defined  by  metes  and  bounds.     With  the 
predicate  thus  laid  the  general  assembly  of  Maryland  enacted — 

That  all  that  part  of  the  said  territory  called  Columbia  which  lies  within  the  limits 
of  this  State  shall  be.  and  the  same  is  hereby,  acknowledged  to  be  forever  ceded  and 
relinquished  to  the  Congress  and  Government  of  the  United  States,  and  full  and 
absolute  right  and  exclusive  jurisdiction,  as  well  of  soil  as  of  persons  residing  or  to 
reside  thereon,  pursuant  to  the  tenor  and  effect  of  the  eighth  section  of  the  first  article 
of  the  Constitution  of  Government  of  the  United  States. 

Immediately  preceding  that  enacting  clause  we  find,  in  the  con- 
clusion of  the  preamble,  the  following  declaration: 

Whereas  it  appears  to  this  general  assembly  highly  just  and  expedient  that  all  the 
lands  ivithin  the  said  city  should  contribute,  in  due  proportion,  in  the  means  which  have 
cdready  greatly  enhanced  the  value  of  the  v'hole;  that  an  incontrovertible  title  ought  to  be 
made  to  the  purchasers,  under  public  sanction;  that  allowing  foreigners  to  hold  land 
within  the  said  territory  will  greatly  contribute  to  the  improvement  and  population 
thereof,  and  that  many  temporary  provisions  will  be  necessary  till  Congress  exercise 
the  jurisdiction  and  government  over  the  said  territory;  and 

Whereas  in  the  cession  of  this  State,  heretofore  niade,  of  territory  for  the  Government 
of  the  United  States,  the  lines  of  such  cession  could  not  be  particularly  designated; 
and  it  being  expedient  and  proper  that  the  same  should  be  recognized  in  the  acts  of 
this  State,  etc. 

Here  we  have  an  explicit  declaration  upon  the  part  of  Maryland 
tJiat  the  two  States  and  the  local  lyroprietors  were  cocontributors  in  a 
common  enterprise  vjhose  leading  motive  was  the  emhanceTnent  of  the 
value  of  the  total  territory  contributed  hy  each  to  a  comTnon  fund .  The 
declaration  that  ''it  appears  to  this  general  assembly  highly  just  and 
expedient  that  all  tlie  lands  within  the  said  city  should  contribute,  in 
due  proportion,  in  the  means  which  have  already  greatly  enhanced  the 
value  of  the  whole,"  puts  it  beyond  question  that  each  contribution 
was  the  consideration  for  every  other.  It  was  a  joint  enterprise  for 
the  common  good  of  all  in  which  the  end  to  be  finally  attained — the 
enhanced  value  of  the  territory  of  the  District  as  a  wdiole — depended 
upon  the  grant  of  each.  In  no  other  way  could  the  title  to  the  whole 
be  perfected. 


EETEOCESSION   ACT   OF   1846.  11 

A    QUADRILATERAL    CONTRACT    ENTERED    INTO. 

From  the  foregoing  it  clearly  appears  that  the  title  to  the  terri- 
tory of  the  District  of  Columbia,  as  defined  in  and  accepted  by  the 
President's  proclamation  of  March  30,   1791,   rests  upon  a  cjiiadri- 
lateral  contract  entered  into,  on  the  one  hand,  by  the  United  States, 
and  on  the  other,  by  Virginia,  Maryland,  and  the  19  local  proprie- 
tors.    The  United  States  through  the  act  of  Congress  of  July  10, 
1790,  passed  under  the  constitutional   mandate,   agreed   that   "the 
District  so  defined,  limited,  and  located,  shall  be  deemed    the  Dis- 
trict accepted  by  this  act,  for  the  pei^manent  seat  of  the  Government 
of  the  United  States."     Each  of  the  three  grantors,  in  consideration 
of  that  stipulation  made  for  the  benefit  of  each,  through'which  alone 
the  title  to  the  whole  coukl  be  made  perfect,  entered  into  the  quadri- 
lateral contract  in  c^uestion.     Tt  is  elementaiy  in  the  law  of  contracts 
that  when  two  or  more  instruments  are  executed  at  the  same  time, 
or  at  different  times,  whicii  relate  to  the  same  subject-matter,  and 
one  I'efers  to  the  other,  either  tacitly  or  expressly,  they  will  be  taken 
together  and  construed  as  one  instrument.     As  a  well-known  writer 
has  expressed  it,  "So  where  two  instruments  are  executed  as  parts 
of  the  same  transaction  and  agreement,  wlietlier  at  the  same  time  or 
different  times,  they  will  be  taken  and  construed  together."      (T^aw- 
son  on  Contracts,  p.  457,  citing  Stephens  r.  Baird,  9  Cow.,  274;  Make- 
peace V.  Harvard  College,  10  Pick.,  .302:  Sibley  r.  llolden,  10  Pick., 
250;  Wallis  r.  Beauchamp,  15  Tex.,  303;  Strong  r.  Barnes,   11  Vt.. 
221;   Norton  v.   Kearney,    10  Wis.,   443.)     In   Fletcher  v.   Peck,   6 
Cranch,  97,  the  precursor  of   the    Dartmouth  College  case,  it  was 
said  that   "The  suit  was  instituted  on  several  covenants  contained 
in  a  deed  made  by  John  l^eck,  the  defendant  in  eiror,  conveying  to 
Robert    Fletcher,  the  plaintiff    in    error,  certain    lands  which   were 
part  of  a  large  puichase  made  by  James  Gunn  and  others,  in  the 
year  1795,  from  the  State  of  Georgia,  the  contract  for  irliich  }ras  made 
in  the  form  of  a  hill  pas.snl  h;/the  h(/isl(iture  of  the  State."      In  this  case 
the  quadrilateral  contract  is  made  up  (1)  of  the  grant  from  Virginia, 
contained  in  her  act  of  December  3.  17S9;  (2)  of  the  act  of  Congress 
of  July  lf5,  1790;  (3)  of  the  19  ti'ust  deeds  executed  by  the  local  ])ro- 
prietors  on  or  about  June  29,  1791;  (4)  of  the  grant  from  Maryland 
of  December  19,  1791.     These  instruments  are  but  links  in  a  chain. 
each  a  |)iii't  of  an  indivisible  whole  com])letetl  by  the  Maryland  act  of 
December  19,  1791,  vhich  nfers  to  each  and  descrlbis  th(  trans(tction 
as  a  whole.     Every  instrument  refers  to  every  other,  either  directly 
or  by  necessary  implication.     The  Maryland  act,   which  (■om-|)leted 
the   quadrilateral    contract,   e.\|)i-essly   declares    that    the   grant    was 
made  from  that  State  because  "it   a])pears  to  this  general  assembly 
highly  just  and  expedient  that  all  the  lands  within  thesaitl  city  should 
conti'ibute,  in  dve  ]>roj)ortioji,  in  the  means  which  hare  alnadij  iiraithj 
enhaiictd  the  rahir  of  the  irJioh."      The  fact  was  thus  ])Ut    beyond  all 
question  that  the  chief  eonsideiat  ion   lor  this  subscrinl  ion  contract. 
in  aid  of  the  Government  of  the  rnitccj  States,  which  ])aid  nothing 
to  the  giant ors,  was  the  perjietnal  tijiplicalinn  h;/  il  of  lh(   joint  jirod- 
uct  of  such  snhscr')])tioiiS  to  the  comvuui  (il)ji'ci,\\\  the  mode  piescrilxd 
by    the   subsciibers   and    guarantied     by    the    recipient.     There    was 
perfect    nnitnality.      "Mutuality   of  contra<t    means   that    an   obliga- 
tion nuist   rest   on  •■;ich  parly  to  (\<>  <>\-  jjcrnn't   !<•  Ix-  (jdiie  snmrthing 


12  EETROCESSION   ACT   OF   1846. 

in  c-Diisiclonitioii  ol'  llie  at't  or  |)r()inis('  of  tlu>  other;  thai  is,  neither 
party  is  bound  unless  both  are  bound."  Am.  and  Eng.  Enc.  of  Law, 
vohinie  7,  i)aiio  114,  and  authorities.  In  Dartmouth  College  v. 
Woodward  (4  Wheat.,  656),  this  specially  pertinent  dehnition  occurs: 
"1.  What  is  a  contracts  It  may  be  dedned  to  be  a  transaction 
between  two  or  more  persons,  an(l  eacli  leciprocally  acquires  a  right 
to  whatever  is  promised  by  the  other.  Under  this  defmition,  says 
Mr.  Powell,  it  is  obvious  that  every  i'eod'ment,  gift,  grant,  agree- 
ment, promise,  etc.,  may  be  included,  because  in  all  there  is  a  mutual 
consent  of  the  minds  of  the  parties  concerned  in  them,  upon  an  agree- 
ment between  them  respecting  some  property  or  right  that  is  the 
object  of  the' stipulation,  lie  adds,  that  tlie  ingredients  requisite  to 
form  a  contract  are  parties,  consent,  and  an  obligation  to  be  created 
or  tlissolved;  these  must  all  concur,  because  the  regular  effect  of  all 
contracts  is  on  one  side  to  ac(piire,  and  on  the  other  to  ])art  with, 
some  •j)r()perty  or  rights;  or  to  abridge,  or  to  restrain  natural  liberty, 
by  binding  the  parties  to  do,  or  restrain  them  from  doing  something 
wliich  before  they  might  have  done,  or  omitted.  If  a  (h)ubt  could 
exist  that  a  (/rant  is  a  contract,  the  point  was  decided  in  the  case  of 
Fletcher  v.  Peck,  in  which  it  was  laid  tlown  that  a  contract  is  either 
executory  or  executed;  by  the  former,  a  party  binds  himself  to  do 
or  not  to  do  a  ])articular  thing;  the  latter  is  one  in  which  the  object 
of  the  contract  is  performed,  and  this  dilfers  in  nothing  from  a  grant; 
but  whether  executed  or  executory  they  hoth  contain  obligations  binding 
on  the  parties,  and  both  are  equally  within  the  provisions  of  the  Consti- 
tution of  the  United  States,  which  forbids  the  state  governments  to  pass 
Uiws  impairing  the  obligation  of  contracts.''  One  of  the  best  digests 
(Coop.,  1908,  vol.  2,  p.  1845),  in  commenting  on  the  case  in  question, 
says:  "The  consideration  for  a  subscription  contract  in  aid  of  an 
eleemosynary  institution  ?',s  the  perpetual  apjdication  of  the  find  aris- 
ing on  such  subscrij)tioits  to  its  object,  in  the  mode  prescribed  by  the 
subscribers.''  (Dartmouth  College  v.  Woodward,  4  Wheat.,  518.) 
To  the  same  effect,  see  Goesele  v.  Birmeler,  14  How.,  589;  Schw^artz 
v.  Duss.  187  U.  S.,  26.  In  the  case  last  cited  the  principle  was  empha- 
sized that  after  such  a  dedication  to  a  connnon  purpose  by  individual 
owners  the  consideration  is  sufficient,  and  no  right  to  a  partition 
or  r<^ti'ocession  can  be  asserted  by  any  subscriber  or  his  heirs.  It 
thus  appears  that  in  this  case  the  three  grantors — by  a  joint  contribu- 
tion in  which  each  subscribed  in  consideration  of  the  grant  of  every 
other — dedicated  a  definite  area  of  territory  particularly  described 
and  accepted  by  the  United  States  as  its  permanent  seat  of  Govern- 
ment to  be  held  perpetually  as  such.  As  the  quadrilateral  contract 
thus  entered  into  is,  under  the  express  terms  of  the  Dartmouth  Col- 
lege case,  protected  by  the  contract  clause  of  the  Constitution,  the 
legislation  of  the  State  of  Virginia  under  which  the  receded  section 
is  now  held,  taxed,  and  governed,  is  mdl  and  void,  because  by  the 
force  and  efi'ect  of  such  legislation  nearly  one-half  of  the  subject- 
matter  of  the  contract  is  withdrawn  from  its  operation.  The  Supreme 
Court  will  determine  for  itself  the  existence  or  nonexistence  of  the 
contract  set  up,  and  whether  its  obligation  has  been  impaired  by 
the  state  enactment,  f Douglass  v.  Kentucky,  168  IT.  S.,  502,  and 
cases  cited.)  In  this  case  there  can  be  no  question  that  the  quadri- 
lateral contract  was  executed  between  the  States  of  ^'irginia,  Mary- 
land,   the    19    proprietors,    and    the   United    States,    and    that    such 


RETROCESSION    ACT    OF    1846.  13 

(luadrilateijil  conticUt  i):isso<l  under  the  protection  ol'  tlie  contract 
Clause  of  the  Constitution,  before  the  District  of  Colurnhia  came  into 
existence,  for  the  simple  and  conchisive  reason  that  the  very  exist- 
ence of  such  District  was  the  result  of  the  complete  execution  of  such 
contract.  Therefore  as  the  quadrilateral  contract  was  executed 
between  the  United  States  and  the  States  in  question,  jirior  to  tlie 
existence  of  the  District,  section  10  of  Article  T,  providing;  that  ■"No 
State  shall  *  *  *  pt^^s  any  bill  of  attainder,  ex  post  facto  law, 
or  law-  impairini^  the  oblij^jation  of  contracts,"  operated  upon  it  from 
the  moment  of  its  execution.  That  is  no  less  true  because  such  con- 
tract was  executed  between  States.  In  Wolf  v.  New  Orleans.  108 
U.  S.,  367,  it  was  held  expressly  that  "The  piohibition  of  the  Consti- 
tution against  the  passaw;e  of  laws  impairin<!;  the  obligation  of  con- 
tracts, applies  to  the  contracts  of  the  State,  and  to  those  of  its  agents 
acting  under  its  authority,  as  well  as  to  contracts  between  individ- 
uals. And  that  obligation  so  impaired,  in  the  sense  of  the  Consti- 
tution, when  the  means  by  which  a  contract  at  the  time  of  its  execu- 
tion could  be  enforced;  that  is,  by  which  the  j)ai'ties  could  be  obliged 
to  perfoiin  it,  are  rendered  less  eflicacious  by  legislation  operating 
directly  upon  those  means."  In  speaking  of  its  duty  in  that  regard 
in  Murray  v.  Charleston  (90  U.  S.,  448)  the  Supreme  Court  said  that 
'"it  is  one  of  the  highest  duties  of  this  court  to  take  care  that  the 
prohibition  shall  neither  be  evailed  nor  frittered  away.  (  omplete 
effect  must  be  given  to  it  in  all  its  spirit."  The  attempted  act  of 
recession  of  1846  is  null  and  void  because  in  conflict  with  sections 
8  and  10  of  Article  I  of  the  Constitution:  the  legislation  of  Virginia 
undtr  which  her  sovereignty  is  now  asserted  is  null  and  raid  because  in 
conflict  vnth  section  10  of  Article  I  of  the  Constitiition.  The  practical 
dilemma  is  this: 

In  iS46  two  parties  to  a  (juadrilateral  contract,  jirotected  by  the 
contract  clause  of  the  Constitution — to  wit,  the  United  States  and 
Virginia — attempted  to  annul  it  without  the  assent  of  the  other  two 
parties,  bg  iHthdraivitig  a  larg<  section  (f  the  consideration  ujion  which 
the  contract  was  made.  If  that  attemj)ted  recession  upon  the  part  of 
the  United  States  and  \'irginia  is  valid,  then  the  contract  as  a  whole 
fails.  Neither  jjarty  is  hound  unless  all  are  bound.  If  the  United 
States  and  \'iiginia,  as  a  matter  of  law.  actually  annulcd  the  ([uadii- 
lateral  conti'act,  then  Maryland  and  the  ivprcsentat  ivcs  of  the  1!) 
proprietors  can  justly  and  legally  claim  every  foot  of  land  cni- 
Draced  in  the  limits  of  the  District  as  now  defined.  If  tlie  ictroces- 
sion  to  \'irgiiu'a  is  to  stand,  then  the  land  underlying  (lie  Capitol, 
the  White  House,  and  the  Ticasury  belongs  cither  to  MaiylaJid  or 
the  local  pio])i-ietors  by  whom  il  was  g|-ante(|.  The  nation  can  only 
be  |)rotectc<l  against  that  icsull  l)V  a  judgnienl  of  the  Supreme  ('(nut 
of  tlie  United  States  declining  the  act  of  relioeession  ol  I  SKI  lo  he 
null  and  void. 

in.   jiiusDH  rn;.\  of  ruii  .sli'1{i;\ii   im  irr  on'kk  thk  conthcjvkusv. 

I'orlunately  there  is  no  ical  dniigei-  in  the  fnregt»ing  reductio  ad 
horribile.  '1  lie  title  of  the  I'niled  Slates  lo  all  the  territory  within 
the  District  as  originally  delined  is  perfect  by  reason  of  the  fact  that 
the  act  of  recession  of  1X46  is  clearly  unconstitutional  and  void; 
(1)  because  of  ihr-  icasons  set   forth  in  the  debates  in  Congress  at  (he 


14  RETROCESSION  ACT  OF  1846. 

tinio  of  its  pilssafro ;  (2)  because  of  the  reasons  herein  set  fortli  for 
the  lirst  lime.  What,  tJien,  is  the  remedy^  A  complete  answer  is 
to  be  found  in  th(>  opinion  of  the  Suj)reme  Court  in  the  case  of  the 
United  States  v.  Texas  (143  IT.  S.,  621-649),  in  wliich  it  was  held: 
(1)  That  the  Supreme  Court  can,  under  the  Constitution,  take 
cofjnizance  of  an  original  suit  brought  by  the  United  States  against 
a  State  to  determine  the  boundary  between  one  of  the  Territories 
and  such  State;  (2)  Tliat  the  Su))reme  Court  has  jurisdiction  to 
determine  a  disputed  ([uestion  of  boundary  between  the  United 
States  and  a  State;  (3)  That  a  suit  in  equity  begun  in  the  Supreme 
Court  is  appro])riate  for  determining  a  boundary  between  the  United 
States  and  one  of  the  States.  In  the  course  of  its  opinion  the  court 
sai<l : 

''In  view  of  these  cases,  it  can  not,  with  propriety,  be  said  that  a 
question  of  boundary  between  a  Territory  of  the  United  States  and 
one  of  the  States  of  the  Union  is  of  a  political  nature  and  not  sus- 
ceptible of  judicial  determination  by  a  court  having  jurisdiction  of 
such  a  controversy.  The  important  question,  therefore,  is  whether 
tliis  court  can,  under  the  Constitution,  take  cognizance  of  an  original 
suit  brought  by  the  United  States  against  a  State  to  determine  the 
boundary  between  one  of  the  Territories  and  such  State.  *  *  * 
We  can  not  assume  that  the  framers  of  the  Constitution,  while 
extending  the  judicial  power  of  the  United  States  to  controversies 
between  two  or  more  States  of  the  Union,  and  between  a  State  of 
the  Union  and  foreign  states,  intended  to  exempt  a  State  altogether 
from  suit  by  the  General  Government.  Thej  could  not  have  over- 
looked the  possibilit}'  that  controversies  capable  of  judicial  solution 
might  arise  between  the  United  States  and  some  of  the  States,  and 
that  the  permanence  of  the  I^nion  might  be  endangered  if  to  some 
tribunal  was  not  intrusted  the  power  to  determine  them  according 
to  the  recognized  principles  of  law." 

That  case  solves  every  problem  that  can  possibly  arise^n  an  original 
suit  between  the  United  States  and  Virginia  as  to  the  boundaries  of 
the  District  of  Columbia.  It  also  solves  in  advance  another  problem 
that  ^^'ill  surely  arise,  sooner  or  later,  between  the  United  States  and 
Maryland  if  the  recession  of  1S46  to  Virginia  is  not  annulled.  In  that 
event  Marjdand  has  a  perfect  right  to  claim  of  the  United  States,  by 
reason  of  the  recession  of  the  original  quadrilateral  agreement,  the 
return  of  every  foot  of  land  ceded  by  her  and  now  embraced  within 
the  present  Umits  of  the  District.  That  right  Maryland  can  enforce 
in  an  original  suit  against  the  United  States  in  the  Supreme  Court, 
under  the  authority  of  United  States  v.  Texas.  That  great  case  has 
also  refuted  most  emphatically  the  strange  contention  made  by 
Senator  George  F.  Hoar  in  the  report  made  bv  him  to  the  Senate  on 
April  11, 1902  (57th  Cong.,  1st  sess.,  Rept.  No.'^lOTS),  as  to  the  consti- 
tutionality of  the  act  of  retrocession  of  1846.  In  that  report  he  said: 
"As  to  the  suggestion  that  the  retrocession  was  unconstitutional,  it 
seems  to  us  the  answer  is  that  from  the  nature  of  the  case  it  is  a 
political  and  not  a  judicial  question  and  that  it  has  been  settled  by 
the  political  authorities  alone  competent  to  decide  it."  Such  a  theory, 
always  untenable,  was  completely  wdped  out  by  the  judgment  in  the 
case  in  question,  in  which  it  was  expressly  decided  that  ''it  can  not, 
^\■ith  propriety,  be  said  that  a  question  of  boundary  between  a  Terri- 
torv  of  the  United  States  and  one  of  the  States  of  the  Union  is  of  a 


KETROCESSIOX   ACT   OF  1846.         '  15 

political  nature  and  not  susceptible  of  judicial  determination  by  a 
court  having  jurisdiction  of  such  a  controversy.  *  *  *  \\'e  can 
not  assume  that  the  fi-amers  of  the  Constitution,  while  extending  the 
juchcial  power  of  the  United  States  to  controversies  between  two  or 
more  States  of  the  Union,  and  between  a  State  of  the  Union  and 
foreign  states,  intended  to  exempt  a  State  altogether  from  suit  by 
the  General  Government.'" 

The  right  to  proceed  under  that  case  can  not  be  affected,  of  course, 
by  the  decision  in  Pliilli})s  v.  Bayne  (92  U.  S.,  130),  in  which  it  was 
held  that  the  validity  of  the  retrocession  to  Mrginia  of  Alexandria 
County  can  not  be  raised  by  a  taxpayer  in  an  action  to  recover  for 
taxes  aUeged  to  have  been  assessed  illegalh^  It  was  held  therein 
that  the  validity  of  the  retrocession  can  only  be  raised  by  the  sover- 
eignties interested  acting  on  their  own  account.  The  doctrine  of 
acquiescence  can  not  be  set  up  against  the  United  States  by  one 
holding  under  an  unconstitutional  or  void  law.  In  Norton  v.  Shelby 
County  (118  U.  S.,  425),  the  court  said:  ''An  unconstitutional  act  is 
not  law:  it  confers  no  rights;  it  imposes  no  duties;  it  affords  no  pro- 
tection: it  creates  no  ollice;  it  is.  in  legal  contemplation,  as  inopera- 
tive as  though  it  had  never  been  passed."  Resting  upon  the  case  of 
Hildredth  v.  Mclntire  (1  J.  J.  Marsh,  206,  Ky.),  the  Supreme  Court 
held  that,  under  our  system  of  written  constitutions,  de  facto  condi- 
tions can  not  impart  constitutional  validity  tt)  acts  or  institutions. 
The  case  of  U.  S.  v.  Texas  settled  the  fact  tliat  all  controversies  as  to 
boundaries  between  the  United  States  and  States  present  questions 
purely  judicial;  they  are  justiciable  by  the  Supreme  Court  alone. 
The  itlea,  as  restated  by  Senator  Hoar,  that  such  questions  are  po- 
litical was  extinguished  by  that  jutlgment. 

IV.  DUTY  OF  THE  PRESIDENT  IX  THE  PREMISES. 

The  constitutional  mandate  that  requires  the  President  to  "take 
care  that  the  laws  be  faithfully  executed"  compels  him  to  ascertain 
and  determine  the  limits  of  the  territory  over  which  they  are  to  be 
enforced.  In  his  argument  in  Unitetl  States  v.  Texas  the  Attorney- 
General  of  the  United  States  stated  the  matter  in  this  form:  "The 
President  in  enforcing  the  laws  must  determine  over  what  territory 
they  are  to  be  enforced."  (Carr  v.  United  States,  98  U.  S.,  436: 
Foster  v.  XeiLson,  2  Pet.,  306;  Cherokee  Nation  r.  Southern  Kansas 
R.  Co.,  135  U.  S.,  656.)  Upon  a  kindred  princi|)le  of  international 
law  all  conflicts  as  to  boundaries  with  foreign  states  pertain,  in  the 
United  States,  to  the  executive  depart  luentof  the  Goveriunent  whose 
solutions  of  them  will  be  acccpliul  as  liuai  by  the  judiciary.  (Garcia 
V.  Lee,  12  Pet.,  415;  Williams  r.  Suffolk  Ins.  Co.,  13  Pet.,  415;  U.  S.v. 
Reynes,  9  How.,  127;  In  re  Cooi)er,  143  U.  S.,  472.)  In  determining 
all  fjuestions  of  boundary,  whethei-  foreign  or  douK'stic,  the  initiative 
in  this  coiMitjy  is  vested  in  the  IC.xecutive  acting  alone.  While  he 
may  advise;  with  Congress  as  to  the  steps  he  nniy  take  in  ascertaining 
boundaries,  while  executing  the  laws  within  the  same,  the  President 
can  ncjt  sui  render  his  exclusive  power  t(»  ascertain  what  thev  are.  As 
a  practical  illustration,  if  in  this  matter  the  Piesidcnt  believes  that 
\'irginia  is  in  uidawful  possession  of  thai  poll  ion  oF  (he  District 
dciscribed  in  the  aet  of  is  JO,  it  is  his  consl  il  utioiial  duly  lo  "  take  care 
that  the  laws  Ix'  faithfully  executed"  in  that  area,  regardless  of  any 
contrary  opinion  the  legislntive  departmeiit  of  the  Government  might 
enfertani  on  (he  subject,      lie  could  hohl  no  dtiirr  \  icw  willioul  al»di- 


10  RETROCESSION   ACT   OF   1846. 

catiiiii'  .the  in(lo|itMulonce  ol'  the  executive  power  in  the  execution  of 
the  laws.  It  is,  however,  in  my  hunil)le  judgment  a  case  in  which 
there  slioulil  be  friendly  consultation  between  the  executive  and  legis- 
lative departments,  because  in  the  event  of  a  recovery  in  the  wSiipreme 
Court  Con^iress  would  no  doubt  be  called  upon  to  pass  such  a  bill  of 
in(U'mnity  as  would  relieve  Mrginia  of  any  accountability  for  revenues 
derived  from  the  area  in  question  (huing  her  de  facto  occupation.  In 
the  ai)|)endix  hereto  is  (Mn])raced  all  the  acts  of  government  upon 
which  the  (juadrilateral  contract  in  question  depends,  and  also  the 
agreement  and  form  of  the  deed  from  the  local  proprietors. 

Yours,  with  great  respect,  Hannis  Taylor. 

Washingtox,   1).  (\,  Januanj  12,  1910. 

Hon.  Thomas  H.  Carter, 

]Vfh'<Jri)H/fo)i ,  b.  ('. 


Afpexdi.n:. 


[Embraciiif;  all  the  acts  of  f;overnment  upon  which  the  quadrilateral  contract  in  question  depends,  and 
also  the  agreement  and  form  of  the  deed  from  the  local  proprietors.] 

No.  1.— VIRGINIA  CESSION  OF  DECEMBER  3,  1789. 

AN  ACT  For  the  cession  of  10  miles  square  or  any  lesser  quantity  of  territory  within  this  State  (Virginia) 
to  the  United  States  in  Consrress  assembled,  for  the  permanent  seat  of  the  General  Government.  Ap- 
proved, Deceml)er  3,  1781t. 

1.  \Miereas  the  equal  and  common  benefits  re.sulting  from  the  administration  of 
the  General  Government  will  be  best  diffused  and  its  operations  become  more  prompt 
and  certain  by  establishing  such  a  situation  for  the  seat  of  said  Government  a.s  will  be 
most  central  and  convenient  to  the  citizens  of  the  United  States  at  large,  having 
regard  as  well  to  population,  extent  of  territory,  and  free  navigation  to  the  Atlantic 
Ocean,  through  the  Chesapeake  Bay,  as  to  the  most  direct  and  ready  communication 
with  our  fellow-citizens  in  the  western  frontiers;  and  whereas  it  appears  to  this  assem- 
bly that  a  situation  combining  all  the  considerations  and  advantages  before  recited 
may  be  had  on  the  banks  of  the  riv'er  Potomac,  above  tide  water,  in  a  country  rich 
and  fertile  in  soil,  healthy  and  salubrious  in  climate,  and  abounding  in  all  the  neces- 
saries and  convenienres  of  life,  where,  in  a  location  of  10  miles  square,  if  the  wisdom 
of  Congress  shall  so  direet,  the  States  of  Pennsylvania,  Maryland,  and  Virginia  may 
participate  in  such  location: 

2.  Be  it  therefore  enacted  by  the  general  assembly,  That  a  tract  of  country,  not  exceed- 
ing ten  miles  square,  or  any  lesser  quantity,  to  be  located  within  the  limits  of  this 
State,  and  in  any  part  thereof  as  Congress  may  by  law  direct,  shall  be,  and  the  same 
is,  forever  ceded  and  relinquished  to  the  Congress  and  Government  of  the  United 
States,  in  full  and  absolute  right  and  exclusive  jurisdiction,  as  well  of  soil  as  of  per- 
sons residing  or  to  reside  thereon,  pursuant  to  the  tenor  and  effect  of  the  eighth  section 
of  the  first  article  of  the  Constitution  of  the  Government  of  the  United  States. 

III.  Provided,  That  nothing  herein  contained  shall  be  herein  construed  to  vest  in 
the  United  States  any  right  of  property  in  the  soil,  or  to  affect  the  rights  of  indi- 
viduals therein,  otherwise  than  the  same  shall  or  may  be  transferred  by  such  indi- 
viduals to  the  United  States, 

IV.  And  provided  also.  That  the  jurisdiction  of  the  laws  of  this  Commonwealth 
over  the  persons  and  property  of  individuals  residing  within  the  limits  of  the  cession 
aforesaid  shall  not  cease  or  determine  until  Congress,  having  accepted  the  said  ces- 
sion, shall  by  law  provide  for  the  government  thereof,  under  their  jurisdiction,  in 
the  manner  provided  by  the  article  of  the  Constitution  before  recited. 


No.  2.— THE  FIRST  .VCT  OF  CONGRESS  OF  JCLY  Ki,  17!H). 
AN.\CT  For  establishing  the  temporary  and  permanent  .seat  of  the  Government  of  the  United  States. 

Sectio.v  1.  Be  it  enacted  hi/  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  a  district  of  territory,  not  exceeding  ten 
miles  square,  to  he  located  as  hereafter  directed  on  the  river  Potomac,  at  some  place 
between  the  mouths  of  the  Eastern  Branch  and  the  Connogochegue,  be,  and  the 
same  is  hereby,  accepted  for  the  permanent  seat  of  the  Government  of  the  United 


RETKOCESSION   ACT   OF   1846.  17 

Suites;  Pruiided  neii'it/iiiesfi,  That  the  operation  of  the  law.-  of  the  .State  within  tiuch 
district  shall  not  be  affected  by  this  acceptance,  until  the  time  fixed  for  the  removal 
of  the  Government  thereto,  and  until  Congress  shall  otherwise  by  law  provide. 

Sec.  2.  And  he  it  further  nuicled,  That  the.Pre.sident  of  the  United  States  be  author- 
ized to  appoint,  and  by  supplying  vacancies  happening  fi-om  refusals  to  act  or  other 
causes,  to  keep  in  appointmenl  as  long  as  may  be  necessary,  three  commissioners, 
who,  or  any  two  of  whom,  shall,  under  the  direction  of  the  President,  survey,  and 
by  proper  liietes  and  bounds  define  and  limit  a  district  of  territory,  under  the  limita- 
tions above  mentioned;  and  the  district  so  defined,  limited,  and  located  shall  be 
deemed  the  district  accepted  by  this  act  for  the  permanent  seat  of  the  Government 
of  the  United  States. 

Sec.  3.  And  be  it  {further)  enacted.  That  the  said  commissioners,  or  any  two  of  them, 
shall  have  power  to  pin-chase  or  accept  such  (luantity  of  land  on  the  eastern  side  of 
the  said  river,  within  the  said  district,  as  the  President  shall  deem  proper  for  the  use 
of  the  United  States;  and  according  to  such  plans  as  the  President  shall  approve,  the 
said  commissioners,  or  any  two  of  them,  shall,  ))rior  to  the  first  Monday  in  December, 
in  the  year  one  thou.sand  eight  hundred,  pro\-ide  suitable  buildings  for  the  accom- 
modation of  Congress  and  of  the  President  and  for  the  puldic  offices  of  the  Govern- 
ment of  the  United  States. 

Sec.  4.  .ind  he  it  {further)  enurtcd.  That  for  defraying  the  exjx'nse  of  such  purchases 
and  buildings,  the  President  of  the  United  States  be  authorizeil  and  recj nested  to 
accept  grants  of  money. 

Sec  5.  And  be  it  {further)  enacted,  That  prior  to  the  first  Monday  in  December  next, 
all  offices  attached  to  the  seat  of  the  Government  of  the  United  States,  shall  be  removed 
to,  and  until  the  said  first  Monday  in  Decemlier,  in  the  year  one  thousand  eight  hun- 
dred, shall  remain  at  the  city  of  Philadeli)hia,  in  the  Slate  of  Pennsylvania,  at  which 
place  the  session  of  Congress  next  ensuing  the  present  shall  be  held. 

Sec.  6.  And  be  it  {further)  enacted,  That  on  the  said  first  Monday  in  December,  in 
the  year  one  thousand  eight  htmdred,  the  seat  of  the  Ciovernment  of  the  United 
States  shall,  by  \irtue  of  this  act,  be  transferred  to  the  district  and  place  aforesaid. 
And  all  offices  attached  to  the  said  seat  of  government,  shall  accordingly  l)e  removed 
thereto  by  their  respective  holders,  and  shall,  after  the  said  day,  cease  to  be  exer- 
cised elsewhere;  and  that  the  necessary  expense  of  such  removal  shall  be  defray ei I 
out  of  the  duties  on  imposts  and  tonnage,  of  which  a  sufficient  sum  is  hereby  appro- 
priated. 

A|)prove(l,  .July  Hi,  1790.     (1  Stats.,  130.) 


No.  ;<.— I'KESIDKNT'S  I'ROCLAMATlUA   OF  JANUARY  24,1791. 

In  pursuance  of  the  act  of  16th  of  July,  1790,  three  commissioners  were  appointed, 
who  proceeded  to  locate  the  district  of  10  miles  square  agreeably  to  the  following 
proclamation  of  the  President: 

By  the  President  ok  the  United  States  op  America. 
A  PROCLAMATION. 

Whereas  the  general  assembly  of  the  Stale  of  Maryland,  by  an  act  passed  on  the 
23d  day  of  December,  1788,  entitled  "An  act  to  cede  to  Congress  a  district  of  ten  miles 
square  in  this  State  for  the  seat  of  Government  of  the  United  States,"  did  enact  that 
the  representatives  of  the  said  State  in  the  House  of  Representatives  of  the  ('ongrees 
of  the  United  States,  app')iiited  to  assemble  at  New  York  on  the  first  Wednesday  of 
March  then  next  ensuing,  should  be,  and  they  were  thereby,  authorized  and  recpiired, 
on  the  behalf  of  the  said  State,  to  cede  to  the  "Congress  of  the  United  Stales  any  district 
in  the  saifl  State  not  exceeding  ten  miles  square,  whi(rh  the  Congress  might  fix  tipon 
and  accept  for  the  seat  of  Government  of  the  United  States. 

And  the  general  assembly  of  the  Coininfinwealth  of  Virginia,  by  an  a<-t  passed  on 
the  3d  dav  of  De<-ember,  1789,  and  entitled  •'An  act  forthe  cession  of  teti  miles  scpianv 
or  any  lesser  quantity  of  territory  within  this  State,  to  the  United  Slates  in  Congress 
assembled,  for  the  ])ermanent  seat  of  the  General  (Joverment,  "did  enact  that  a 
tract  of  countrv  not  exf;eeding  ten  square  miles,  or  any  lesser  quantity,  to  be  located 
within  the  limits  of  the  said  State,  and  in  any  part  thereof,  as  Congress  might  by  law 
direct,  slioidd  be  and  the  same  was  thereby  forevc'r  ceded  and  reliniiiiinhed  to  the 
Congress  and  (Jovernroenl  of  the  United  States,  in  full  and  absohile  riglil,  and  excln 
Hive  jurisdiction,  as  well  of  soil  as  of  persons  residing  or  lo  reside  then-on,  pursuant  to 

S.  Doc.  286,  01-2 2 


18  RETKOCESSTOX    ACT   OF   184G. 

the  tonor  ami  offoct  ol  the  eighth  section  ol  th(>  liint  article  of  the  (oiirttitution  of  Gov- 
ermnent  of  the  I  iiited  States. 

And  the  Congress  of  the  L'nited  Stales,  by  their  act  passed  the  16th  day  of  July, 
1790,  and  entitled  '"An  act  for  establishing  the  tPin))orary  and  permanent  seat  of  the 
Government  of  the  I'nited  States,"  authorized  the  President  of  the  United  States  to 
appoint  three  commissioners  to  sm-vcy  under  his  direction,  and  by  proper  metes  and 
bounds  to  limit  a  district  of  territory  not  exceeding  ten  miles  square  on  the  river 
Potomac,  at  some  place  between  the  mouth  of  the  Eastern  Branch  and  Conococheague, 
which  district,  so  to  be  located  and  limited,  was  accepted  by  the  said  act  of  Congress 
as  the  district  for  the  permanent  seat  of  the  (Government  of  the  United  States. 

Now.  t.hereft)re,  in  pursuance  of  the  powers  to  me  conlide<l,  and  after  duly  examining 
and  weighing  the  advantages  and  disadvantages  of  the  several  situations  within  the 
limits  aforesaid,  I  do  hereby  declare  and  make  known  that  the  location  of  one  part  of 
the  said  district  of  ten  miles  square  shall  be  found  by  running  foiu  lines  of  experiment 
in  the  following  manner,  that  is  to  say:  Running  from  the  court-house  of  Alexandria, 
in  Virginia,  due  southwest  half  a  mile,  and  thence  a  due  southeast  course  till  it  shall 
strike  Hunting  Creek,  to  fix  the  beginning  of  the  said  four  lines  of  experiment. 

Then  beginning  the  first  of  the  said  four  lines  of  experiment  at  the  point  on  Hunt- 
ing C/reek  where  the  said  southeast  course  shall  have  struck  the  same,  and  running 
the  said  first  line  (hie  northwest  ten  miles;  thence  the  second  into  Maryland,  due 
northeast  ten  miles;  thence  the  third  line  due  southea.st  ten  miles;  and  thence  the 
fourth  line  due  southwest  ten  miles,  to  the  beginning  on  Hunting  Creek 

And  the  said  four  lines  of  experiment  being  so  run,  I  do  hereby  declare  and  make 
known  that  all  that  part  within  the  said  four  lines  of  experiment  which  shall  be  within 
the  State  of  Maryland  and  above  the  Eastern  Branch,  and  all  that  part  within  the 
same  four  lines  of  experiment  which  shall  be  within  the  Commonwealth  of  Virginia, 
and  above  a  line  to  be  run  from  the  point  of  latid  forming  the  Upper  Cape  of  the  mouth 
of  the  Eastern  Branch  due  southwest ,  and  no  more,  is  now  fixed  upon,  and  directed 
to  be  surveyed,  defined,  limited,  and  located  for  a  part  of  the  said  district  accepted 
by  the  said  act  of  Congress  for  the  permanent  seat  of  the  Government  of  the  United 
States;  hereby  exjjressly  reserving  the  direction  of  the  survey  and  location  of  the 
remaining  part  of  the  said  district,  to  be  made  hereafter  contiguons  to  such  part  or 
parts  of  the  present  location  as  is  or  shall  be  agreeably  to  law. 

And  T  do  accordingly  direct  the  said  commissioners,  appointed  agreeably  to  the 
tenor  of  the  said  act, "to  proceed  forthwith  to  run  the  said  lines  of  experiment,  and, 
the  same  being  run,  to  survey  and,  by  proper  metes  and  bounds,  to  define  and  limit 
the  part  within  the  same  which  is  hereinbefore  directed  for  immediate  location  and 
acceptance,  and  thereof  to  make  due  report  to  me  under  their  hands  and  seals. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to  be  affixed  to 
these  presents",  and  signed  the  same  with  my  hand .  Done  at  the  city  of  Philadelphia 
the  24th  day  of  January,  in  the  year  of  our  Lord  17i)l ,  and  of  the  Independence  of  the 
United  States  the  fifteenth . 

Georcp:  Washington. 

By  the  President: 

Thomas  Jefferson. 


No.  4.— THE  AMENDATORY  ACT  OF  MARCH  3,  1791. 

AN  ACT  To  amend  "An  act  for  establishing  the  temporary  and  permanent  seat  of  the  Government  of  the 

United  States." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  so  much  of  the  act  entitled  "An  act  for  establishing  the 
temporary  and  permanent  seat  of  the  Government  of  the  United  States"  as  requires 
that  the  whole  of  the  district  of  territory,  not  exceeding  ten  miles  square,  to  be  located 
on  the  river  Potomac,  for  the  })ermanent  seat  of  the  G-overnment  of  the  United  States, 
shall  be  located  above  the  mouth  of  the  Eastern  Branch,  be,  and  is  hereby,  repealed, 
and  that  it  shall  be  lawful  for  the  President  to  make  any  part  of  the  territory  below 
the  said  limit,  and  above  the  mouth  of  Hunting  Creek,  a  part  of  the  said  district,  so 
as  to  include  a  convenient  part  of  the  Eastern  Branch,  and  of  the  lands  lying  on  the 
lower  side  thereof,  and  also  the  town  of  Alexandria,  and  the  territory  so  to  be  included 
shall  form  a  part  of  the  district  not  exceeding  ten  miles  square,  for  the  permanent  seat 
of  the  Government  of  the  United  States,  in  like  manner  and  to  all  intents  and  purposes 
aa  if  the  same  had  been  within  the  purview  of  the  above-recited  act:  Provided,  That 
nothing  herein  contained  shall  authorize  the  erection  of  the  public  buildings  other- 
wise than  on  the  Maryland  side  of  the  river  Potomac,  as  required  by  the  aforesaid  act. 

Approved  March  3,  1791.     (1  Stats.,  214.; 


BETKOCESSION    ACT   OF   1846.  19 

N'o.  .").— PKKSIUEXT'S   rUOCLA.MATION   Ol"  MAlUll   MK  17'.M. 

\\  hercus.  by  proclaniation  beariu^  (Jate  the  24th  day  of  January,  of  this  presont  year» 
and  in  j)ursuance  of  certain  acts  of  the  States  of  Maryland  and  X'iri^inia  and  the  ('on" 
i^ess  of  the  United  States,  therein  mentioned,  certain  lines  of  experiment  were 
directed  to  l>e  run  in  the  neighhurhood  of  (Georgetown,  in  Maryland,  for  the  jkirpose 
of  locatinir  a  part  of  the  territory  of  ten  miles  square,  for  the  permanent  seat  of  Gov- 
ernment of  the  United  States,  and  a  certain  pai't  was  directed  to  be  located  within 
the  said  lines  of  experiment  on  both  sides  of  the  Potomac,  and  above  the  limits  of  the 
Eastern  Branch.  prescril>c d  l)y  the  said  acts  of  Congress; 

And  Congress,  by  an  amendatory  act.  passed  on  the  3d  day  of  this  present  mouth 
of  March,  have  given  further  auth(tVity  to  the  President  of  the  T'nited  States  "to  make 
any  part  of  the  said  tenitori/  beloir  lite  said  limit  and  above  the  mouth  of  lluntimj  Creek  a 
part  of  said  district,  so  as  to  include  a  convenient  part  of  the  Eastern  Branch,  and  oj  the 
lands  lying  on  the  lower  side  thereof,  and  also  the  tovn  of  Alerandria:" 

Now,  therefore,  for  the  ])urpose  of  amending  and  completing  the  location  of  the 
whole  of  said  territory  of  ten  miles  scpiare,  in  conformity  with  the  said  aTnendator\- 
act  of  Congress,  I  do  hereby  declare  and  make  known  that  the  whole  of  the  said  tem- 
tory  shall  be  located  and  includcHl  within  the  four  lines  following,  that  is  to  s;iy: 

Beginning  at  Jones's  Point,  l)eing  the  upper  cape  of  liunling  Crciek,  in  Vuginia. 
and  at  an  angle  in  the  otitset  of  forty-fi^  e  degi-ees  west  of  the  north,  and  running  in 
a  direct  line  ten  miles,  for  the  first  line:  then  beginning  again  at  the  same  Jones's 
Point,  and  miming  another  direct  line,  at  a  right  angle  with  the  linst,  across  the 
Potomac  ten  miles,  for  the  second  line;  thence  from  the  termination  of  said  first  and 
second  lines,  running  two  other  lines  of  ten  miles  each,  the  erne  cros.sing  the  Eastern 
Branch  aforesaid  and  the  other  the  Potomac,  and  meeting  each  other  in  a  point. 

And  1  do  accordingly  direct  the  c-ommi.ssioners  named  under  the  authority  of  the 
said  first-mentioned  act  of  Congress  to  ]n-oceed  forthwith  to  have  the  said  four  lines 
run,  and  by  proper  metes  and  bounds  <lehned  and  limited,  and  thereof  to  make  due 
report,  uncier  their  hands  and  seals;  and  the  territory  so  to  be  located,  defined,  and 
limited  shall  be  the  whole  territory  acceptc^d  by  the  said  act  of  Congre.ss  as  the  district 
for  the  permanent  seat  of  the  Government  of  the  T'nited  States. 

In  testimony  whereof  I  have  caused  the  seal  of  the  United  States  to  l)e  affixed  to 
these  presetits.  and  siu:ned  the  same  with  my  own  hand.  Done  at  Gec»rgetown  afore- 
said the  30th  day  of  Shuch,  in  the  year  of  !)ur  Lord  1791.  and  oi  the  Indi-p.-ndence 
of  the  United  States  the  fifteenth. 

[seal.  I  (iKOHCh:     \\  ASIIINC  ION  . 

By  the  President: 

ThO.MAS    JeKI'KUsm.N  . 


X„.  „.— A<;l{l-;ii.Ml-;.\T   ok  TIIK   OIUcUXAL    l^ltOl'UIETOUS  OK  MAK(;JI  .ill.  IT'.ll. 

(»n  March  28,  1791,  President  Wa.shington  reached  (ieorgetown,  and  on  the  29tli 
he  rode  over  the  propo.'^ed  site  of  the  j-'ederal  city,  in  company  with  the  three  commis- 
sioners and  the  two  surveyors,  .Vndrew  Ellicott  and  Maj.  Peter  Charles  I, 'Enfant. 

On  the  evening  of  the  kime  day  a  meeting  was  held  iov  the  purpose  of  effecting  a 
friendly  agre<>ment  between  the  proj)rietors  of  the  lands  constituting  the  sit(>  of  the 
Federal  oitv  and  the  United  States  commi.s.sioners,  and  AVashington's  good  counsel 
on  that  (K^-casion  had  so  favoralile  an  effect  tliat  the  general  features  were  settled  that 
very  evening  for  the  a<,'reement.  wlii'li  was  signed  and  executed  liy  nineteen  property 
holcl'M-s  the  next  day.  and  thereby  the  rights  of  atid  titles  to  ]>roperly  within  thisl>is- 
trict  and  city  may  be  .-^aid  to  have  been  decided  on  thai  evening. 

This  Jigrec-ment",  whieh  was  accejjted  l)y  the  commissioners  and  reconle<l  in  their 
books  on  .\|)ril  12.  1791.  was  as  follows: 

"We.  the  sul).-<-riln'rs.  in  eonsiclenilion  of  llie  great  l)«ri<lii-  we  expect  (o  derive 
from  having  fh"  l-'ederal  eitv  laid  otf  upon  our  lands,  do  hereby  agree  and  Idiid  our- 
selves, heirs,  ex<-(Utors,  and  admiuislralors.  to  convey,  in  trust,  to  the  I'resident  ot  the 
United  Staters,  or  cvminiissioners.  or  such  persr)ii  or  pei-sons  as  In-  shall  appoint,  by 
goofi  anri  siiflicient  deeds,  in  fee  simple,  the  whole  of  our  resjx'ctive  laii.ls  which  lie 
may  think  proji'-r  to  includ.-  within  the  lines  of  the  Eedenil  city,  for  the  purposes  and 
on  the  r-on<lif  ioiir-  fiilluwiii'.' 

"The  F'n-si'lent  shall  lia\c-  ilu'  <ol<'  power  <>\  direcliiiL'  the  I'.'.lei-al  iily  to  be  laid  oil 
in  what  manner  he  |)leases. 

"He  may  n-lain  anv  number  of  scpiares  In-  nia\  lliiiik  proper  lor  public  improye- 
uients.  or  other  public  uses:  and  the  lots  only  which  shall  be  liii<l  off  shall  be  a  joint 
property  br-twoeii  the  trust<-es  on  behalf  of  ih<'  public  and  ea<h  pr<'s<-nt  j)ropnel..r. 
and  flu-  sani'-  ^hall  b.-  luirly  and  e(piallv  divi<le<l  br-lween  tin-  public  and  the  indi- 
viduals, as  soon  as  mav  be.  the  <i1y  shall  be  laid  oft. 


20  JJETROCESSION    ACT   OF  DSiG. 

'•For  the  stTeet^'  th<'  piopiiclorf*  shall  receive  no  cuinpensution;  hut  lor  the  squares 
or  landis  iii  any  form,  which  shall  be  takiMi  lor  public  buihliutio.  or  any  kind  of  pub- 
lic iniprovi>:uenty  or  uses,  the  proprietors  whose  lands  shall  be  taken  shall  receive  at 
the  rate  of  2")  ])ounds  per  acre,  to  be  paid  by  the  public. 

•'The  whole  woo.l  on  the  lands  shall  be  the  property  of  the  proprii'lors,  and  should 
any  bo  desired  by  the  President  to  be  reserved  or  left  standing,  the  same  shall  be 
iwid  for  by  the  public  at  a  just  and  reasonable  valuation,  exclusive  of  the  £25  per 
acre  to  be  i)aid  for  the  land  on  which  the  same  shall  ren^ain. 

"Each  proprietor  shall  retain  the  full  possession  and  use  of  his  land  until  the  same 
shall  be  sold  and  occu]»ied  by  the  purchase  of  the  lots  laid  out  thereon,  and  in  all 
cases  where  the  public  arrangements  as  the  streets,  lots,  etc.,  will  admit  of  it,  each 
proprietor  shall  possess  his  l)uildings  and  otlier  improvements  and  gnueyards,  pay- 
ing to  the  public  only  one-half  tlie  present  estimated  value  of  the  land,  on  which 
the  same  shall  be,  or  £12  lOsh.  per  acre;  but  in  cases  where  the  arrangements  of  the 
streets,  lots,  squares,  etc.,  will  not  admit  of  this,  and  it  shall  become  necessary  to 
remove  such  buildings,  etc.,  the  proprietors  of  the  same  shall  be  paid  the  reasonable 
value  thereof  bv  the  public. 

•■Nothing  herein  contained  shall  affect  the  lots  any  m'  the  parties  to  this  agreement 
may  hold  in  the  toM-ns  of  Hamburgh  or  Carrolsburg. 

"In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this  30th  day  of 
March,  in  the  year  of  our  I^oi-d  1791. 

"Robert  Peter.  [seal. 

■'David  Hitrnes.  [seal. 

•'Jas.  M.  Lingan.  [seal. 

"Uriah  Forrest.  [seal. 

•  Benjamin  Stoddert.  [seal. 

■■Notley  Young.  [seal. 

■■Daniel  Carroll  of  Dl  niiiiVGTt)\.     [seal. 

■■Qverton   Carr.  [seal. 

■■Thomas  Beale  of  Geor(;e.  [seal. 

•'Chas.  Beatty.  [seal. 

•'Anthony  Holmeao.  [seal. 

'■Wm.  Young.  [seal. 

■Edward  Pierce.  [seal. 

■Abraham  Young.  [seal. 

"Jas.  Pierce.  [seal. 

"Wm.  Prout.  [seal." 

"Robert  Peter,  [seal. 

"^l.S'  Attorney  in  Fact  Jor  Kliphas  Douglass. 

••Benjamin  Stoddert,  [seal.] 

''For  Jas.  Worren,  by  uritten  authoritii  from  W.  Warren. 

■•Wm.  King.  [seal.] 

'•Signed  and  sealed  in  presence  of  Mr.  Thomas  Beale,  making  an  exception  of  the 
laud  he  sold  A.  C.  Young  not  yet  conveyed. 

••Witness  to  all  subscribers,  includino:  Wm.  Vuung. 
"Wm.  Bailey. 
•'Wm.  Robertson, 
•johx  luter. 

•Sam.  Davidson  (witness  to  Abraliam  Young  signing). 
""Benjamin  Stoddert  (witne.ss  to  Pierce's  signingi. 
"'Joseph  E.  Rowles  (for  Jno.  Warring). 
"Wm.  Deakivg.  Jr.  ^for  Win.  Prout  and  ^^'In.  King)." 


Xo.  7.— FORM  OF  TRUST  DEED  USED  BY  THE  NINETEEN  ORIGINAL  PROPRIETORS 

On  or  about  the  29th  of  June,  1791,  nineteen  original  proprietors  of  the  greater  parta 
of  the  lands  which  now  constitute  the  city  of  ^^■ashington  conveyed  them  in  trust, 
by  deeds  in  the  following  form,  viz: 

[Copy  of  the  deed  in  trust  from  au  original  proprietor  of  the  ground  on  which  the  city  of  Wasliington  is 
located  to  the  trustees  appointed  by  authority  of  the  United  States  to  receive  the  same.] 

This  indenture,  made  this  29th  day  of  June,  in  the  year  of  our  f.ord  one  thousand 
seven  hundred  and  ninety-one,  between  (here  is  inserted  the  name  of  the  grantor), 
of  the  State  of  Maryland,  of  the  one  part,  and  Thomas  Beall,  of  George,  and  John  M. 

Gantt,  of  the  State  of  Maryland,  of  the  other  part,  witnesseth :  That  the  said — 

(the  grantor),  for  and  in  consideration  of  the  sum  of  five  shillings,  to  him  in  hand  paid 
bv  the  same  Thomas  Beall,  of  George,  and  John  M.  Gantt.  before  the  sealing  and  de- 


RETROCESSIO.N^   ACT   OF   1846.  2X 

livery  ot  these  presents,  the  receipt  where^if  he  doth  herebj-  ackuowledf^e,  and  thereof 
doth  ac<iuit  the  said  Thomas  Beall,  of  Georj^e,  aud  Johu  M.  Gantt,  their  executors 
and  iidniinistraturs;  and  also,  for  and  in  conpidcration  of  the  uses  and  trust  hereinafter 
mentioned,  to  be  performed  by  the  said  Thomas  Beall,  of  George,  and  John  M.  Gantt, 
and  the  survivor  of  them,  and  the  heirs  of  such  survivor,  according  to  the  true  intent 
and  meaning  thereof,  hath  granted,  bargained,  sold,  aliened,  released,  and  confirmed, 
and  by  these  presents  doth  grant,  bargain,  sell,  alien,  release,  aud  confirm  unto  the  said 
Thomas  Beall,  of  George,  and  Johu  M.  Gantt,  and  the  survivor  of  them,  and  the  heirs 
of  such  survivor,  all  the  lands  of  him,  the  said  (grantor)  l>ang  and  being  within  the 
following  limits,  boundaries,  and  lines,  to  wit:  Beginning  on  the  east  side  of  Rock 
Creek,  at  a  stone  standing  in  the  middle  of  the  main  road  leading  from  Georgetown 
to  Bladensburg;  thence  along  the  middle  of  the  said  road  to  a  stone  standing  on  the 
east  side  of  the  Reedy  Branch  of  Goose  Creek;  thence  southeasterly,  making  an  angle 
of  61  degrees  and  twenty  minutes  with  the  meridian,  to  a  stone  standing  in  the  road 
leading  from  Bladensburg  to  the  Eastern  Branch  ferry;  thence  south,  to  a  stone  eighty 
poles  north  of  the  east-and-west  line  already  drawn  from  the  mouth  of  Goose  Creek, 
to  the  Eastern  Branch;  then  east,  ])arallel  to  the  said  east-and-west  line,  to  the  Eastern 
Branch;  thence  by  and  with  the  waters  of  the  Eastern  Branch,  Potomac  River,  and 
Rock  Creek  to  the  beginning,  with  theii"  appurtenances,  except  all  and  every  lot  and 

lots  of  which  the  said (the  grantor)  is  seized  or  to  which  he  is  entitled 

in  CarroUsburg  or  Hamburg;  to  have  and  to  hold  the  hereby  bargained  aud  sold  lands 
with  their  a))])urtenances  to  the  said  Thomas  Beall  of  George  and  John  M.  Gantt,  and 
the  survivor  of  them,  and  the  heirs  of  such  survivor  forever;  To  and  for  the  special 
trust  following,  and  no  other:  that  is  to  say:  That  all  the  said  lands  hereby  bargained 
and  sold,  or  such  part  thereof  as  may  be  thought  necessary  or  proper  to  bo  laid  out, 
together  with  other  lands  within  the  said  limits,  for  a  Federal  city,  with  such  streets, 
squares,  parcels,  and  lots  as  the  President  of  the  United  States  for  the  time  being  shall 
approve;  and  that  the  said  Thomas  Beall,  of  George,  and  John  I\I.  Gantt,  or  the  survivor 
of  them,  or  the  heirs  of  such  survivor  shall  convey  to  the  commissioners  for  the  time 
being,  appointed  by  virtue  of  the  act  of  Congress  entitled  "'An  act  for  establishing 
the  temporary  and  permanent  seat  of  the  Government  of  the  United  States,'"  and 
their  successfirs.  for  the  use  of  the  United  States  forever,  all  the  said  streets  and  such 
of  the  said  squares,  parcels,  and  lots  as  the  President  shall  deem  ])roper,  for  the  use  of 
the  United  States;  and  that  as  to  the  residue  of  the  said  lots,  into  which  the  said  lands 
hereby  bargained  and  sold  shall  have  been  laid  off  and  divided,  that  a  fair  and  equal 
division  of  them  shall  be  made.     And  if  no  other  mode  of  division  shall  be  agreed  on 

bj'  consent  of  the  said (the  grantorj  and  the  commissioners  for  the  time 

being,  then  such  residue  of  the  said  lots  shall  be  divided,  every  other  lot  alternate 
to  the  said (the  grantor),  and  it  shall,  in  that  event,  be  determined  by- 
lot,  whether  the  .said (the  grantor*  shall  begin  with  the  lot  of  the  lowest 

number  laid  out  on  the  .said  lands  or  the  following  number. 

And  all  the  said  lots  which  may  in  any  manner  be  divided  or  assigned  to  the 
said (the  grantori  shall,  thereuf)on.  together  with  any  part  of  the  bar- 
gained and  .«old  lands,  if  any.  wliich  shall  not  have  been  laid  out  in  the  said  city,  be 
conveyed  l>y  the  said  Thomas  Beall  of  (ieorge  and  John  M.  Gantt,  or  the  survivor  of 

them,  or  the  heirs  of  such  siirvivor.  to  him.  the  said (the  grantor),  his 

heirs  and  assigns.  And  tliat  the  said  other  lots  shall  and  may  be  sold  at  such  lime  or 
times,  in  such  manner,  and  on  sueh  lernisand  conditions  as  (lie  President  of  the  United 
States  for  the  time  being  shall  direct;  and  that  the  said  Thomas  Beall  of  (ieorge  and 
John  M.  Gantt,  <>r  the  survivor  of  them,  or  the  heirs  of  such  survivor,  will,  on  the 
order  and  direction  of  the  President,  convey  all  the  said  lots  so  sold  and  ordered  to  be 
conveyed  to  the  res|)ective  purchasers  in  fee  simple,  according  to  the  terms  and  con- 
ditions of  such  purchases;  and  the  jiroduee  of  the  .sale  of  the  said  lots  when  sold  as 

aforesaid  shall  in  the  first  place  Ix;  api)iie(l  to  the  payment  in  nmney  to  t.lie.«aid 

(the  grantor),  his  executors,  admiiiistrat(jrs,  or  assigns,  for  all  the  part  of  the 


land  hereby  bargained  and  s(jld  which  shall  have  been  laid  off  into  lots,  .squares,  or 
parcels,  and  api)ro|)riated  as  aforesaid  to  the  use  of  the  United  States,  at  the  rate  of 
twenty-live  ])oiinds  jter  acre,  n(»l  accounting  the  said  streets  as  part  thereof. 

And  f  h(;.«aid  t  went  y -five  ])ounds  per  acre,  Ix'iiigso  paid,  or  in  any  other  manner  .satis- 
fied, that  then  the  |)roiluceof  I  he  same  sale,  or  what  thereof  may  remain  asaloresaid,  in 
money  or  .securities  of  any  kind,  shall  be  paid,  assigned,  transferred,  and  delivered  over 
to  the  President  of  the  Unil*^!  SUttes,  for  the  time  being,  as  a  grant  of  money,  and  to 
be  appliefl  for  the  i)urpose>j  and  according  to  the  act  of  Congress  aforesaid.     But  the 

said  conveyance  lo  ilie  .siid (the  grantor;,  his  heirs  or  as.signs,  as  well 

as  the  conveyance  to  tin-  purchasers,  shall  be  on,  and  subject  to  such  terms  and  con- 
ditions a.-*  shall  be  thought  reasonable,  by  the  Pre-ident,  f<pr  the  time  being,  for  regu- 
lating the  materials  and  manner  of  the  buildings  and  improvements  on  the  lots, 
generally,  in  the  saifl  citv,  or  in  particular  streets,  or  parts  thereof,  for  (!ommon  con- 
vPiiience.  safet\  .  and  rir<ler:   I'roi  i'lid.  Such  t«Tnis  and  eon«lilionH  be  declared  before 


22  RETROfESSlOK    ACT    OF   ISW. 

thi'  sale--*  of  any  of  the  said  lot?;,  under  the  direction  of  the  President.     And  in  trust 

further,  and  on  the  agreement  that  the  said (the  grantor),  his  heirs  or 

assigns,  sliall  and  may  continue  his  possession  and  nccupatioii  of  the  said  lands  hereby 
bargained  and  sold,  at  his  and  their  will  and  pleasure,  until  they  shall  he  occupied 
under  the  said  appropriations  for  th(^  use  of  the  United  States  as  aforesaid,  or  by  pur- 
chasers; and  when  any  h)ts  or  parcels  shall  be  occupied  under  ])urchase  or  appropri- 
ations as  aforesaid,  then,  and  not  until  then,  shall  the  said (the  grantor') 

relinquish  his  occupation  thereof.     And  in  trust  also,  as  to  the  trees,  timber,  and 

wood,  on  the  premises,  that  he  the  said (the  grantor  i,  his  heirs  or  assigns, 

may  freely  cut  down,  take,  and  carry  away,  and  use  the  same  as  h'is^uid  their  j)roperty. 
except  such  of  the  trees  and  wood  growing  as  the  President  or  connni-sioners  aforesaid 
may  judge  proper,  anti  give  notice,  shall  be  left  for  ornaments,  for  which  the  just  and 

reasonable  value  shall  be  paid  to  the  said (the  grantori,  his  executors. 

administrators,  or  assigns,  exclusive  of  the  twenty-five  pounds  per  acre  for  the  laud. 

Ami  in  case  the  arrangements  of  the  streets,  lots,  and  the  like  will  convenienth" 

admit  of  it,  he  the  said ■ (the  grantor),  his  heirs  or  assigns,  if  he  so  desire  it. 

shall  i)0sse.ss  and  retain  his  buildings  and  graveyard,  if  any,  on  the  hereby  bargained 
and  sold  land,  paying  to  the  President  at  the  rate  of  twelve  pounds  ten  shillings  per 
acre  for  the  lands  ,so  retained,  because  of  such  buildings  atid  graveyards,  to  be  applied 

as  aforesaid,  and  the  same  shall  thereupon  be  conveyed  to  the  said (the 

grantor),  his  heirs  or  assigns,  with  his  lots.  But  if  the  arrangements  of  the  streets, 
lots,  and  the  like  will  not  conveniently  admit  of  such  retention,  and  it  shall  become 

necessary  to  remove  such  buildings,  then  the  said (the  grantor),  his 

executors,  administrators,  or  assigns,  shall  be  ])aid  the  reasonable  value  thereof  in 
the  same  manner  as  squares  or  other  ground  api)ropriated  for  the  use  of  the  United 
States  are  to  be  paid  for.  And  because  it  may  so  happen  that  by  deaths  or  removals 
of  the  said  Thomas  Beall,  of  George,  and  John  M.  Gantt,  and  from  other  causes,  difh- 
culties  may  occur  in  fully  perfecting  the  said  trusts,  by  executing  all  the  said  con- 
veyances, if  no  eventual  provision  is  made,  it  is  therefore  agreed  and  covenanted 
between  all  the  said  parties,  that  the  said  Thomas  Beall,  of  George,  and  John  M.  Gantt, 
or  either  of  them,  or  the  heirs  of  any  of  them,  lawfully  may,  and  that  they,  at  any 
time,  at  the  request  of  the  President  of  the  United  States  for  the  time  being,  will 
convey  all  or  any  of  the  said  lands  herebj-  bargained  and  sold,  which  shall  not  then 
have  been  conveyed  in  execution  of  the  trusts  aforesaid,  to  such  person  or  persons  as 
he  shall  appoint,  in  fee  simple,  subject  to  the  trusts  then  remaining  to  bo  executed, 
and  to  the  end  that  some  may  be  perfected. 

And  it  is  further  granted  and  agreed  between  all  the  said  parties,  and  each  of  the 
said  parties  doth  for  himself,  respectively,  and  his  heirs,  co\-enant  and  grant  to  and 
with  the  others  of  them,  that  he  and  they  shall  and  will,  if  recpiired  by  the  President 
of  the  United  States  for  the  time  being,  join  in  and  execute  any  further  deed  or  deeds 
for  carrying  into  effect  the  trusts,  purj)ases,  and  true  intent  of  this  present  detid.  In 
witness  whereof  the  parties  to  these  presents  have  hereunto  set  their  hands  and  affixed 
their  seals  the  day  and  year  first  above  written. 

Signed  by  the  grantor. 

.       [.SBAL.] 

Signed,  sealed,  and  delivered  in  the  jiresence  of — 


All  the  residue  of  the  lands  lying  within  the  bounds  of  the  (;ity  were,  b>  an  act  of 
the  legislature  of  ^Maryland,  passed  on  or  about  the  l!)th  of  December,  1791.  vested  in 
the  same  trustees,  and  subjected  to  the  same  trusts. 


.No.  S.— MARYL.VXD  CESSION  OP'  DECKMBER  19,  17'Jl. 

AX  \C'\'  Concerning  the  Territory  of  Coliiniliia  au<l  the  city  of  Washington. 

[Passed  Deeemljer  19,  1791.] 

Whereas  the  President  of  the  United  States,  by  virtue  of  several  acts  of  (  ougress, 
and  acts  of  the  assemblies  of  Maryland  and  X'irginia,  by  his  proclamation,  dated  at 
Georgetown  on  the  thirtieth  day  of  March,  seventeen  hundred  and  ninety-one,  did 
declare  and  make  known  that  the  whole  of  the  territory  of  ten  miles  s<(uare.  for  the 
permanent  seat  of  government  of  the  I  nited  States,  shall  be  located  and  included 
within  the  four  lines  following,  that  is  to  say:  Beginning  at  Jones  Point,  being  the 
upper  point  of  Hunting  Creek,  in  \'irginia,  and  at  an  angle  at  the  outset  forty-five 
degrees  west  of  north,  and  running  a  direct  line  ten  miles  for  the  first  line:  then  begin- 
ning again  at  the  same  Jones  Point  and  running  another  direct  line  at  a  right  angle 
with  the  first  acro.ss  the  Potomac  ten  miles  for  the  second  line;  then  from  the  termina- 
tions of  the  said  first  and  second  lines  running  two  other  direct  lines  ten  miles  each, 


RETKOCESSIOX    ACT   OF    1846.  23 

the  <-'Ue  acr(i:<s  the  Ka.stern  Braiith  ami  tho  other  Fotuuiac,  and  meolin^  each  other 
in  a  point,  which  has  since  been  caUed  the  Territory  of  Columbia;  and. 

Whereas  Notley  Younu,  Daniel  Carroll,  of  Duddington,  and  many  others,  proprie- 
tors of  the  greater  part  of  the  land  hereinafter  mentioned  to  have  l)een  laid  out  in  a 
city,  came  int<i  an  agreement,  and  have  conveyed  their  lands  in  trust  to  Thomas 
Beall,  son  of  George,  and  John  Mackall  Gantt,  whereby  they  have  subjected  their 
lands  to  be  laid  out  as  a  city,  given  up  part  to  the  United  States,  and  subjected  other 
parts  to  be  sold  to  raise  mcmey  as  a  donation  to  be  employed  according  to  the  act  of 
Congress  for  establishing  the  temporary  and  permanent  seat  of  the  Government  of 
the  United  States,  under  and  upon  the  terms  and  conditions  contained  in  each  of  the 
.said  deeds;  and  many  of  the  pro])rietors  of  lots  in  Carrollsburg  and  Hamburg  have  also 
come  into  an  agreement,  subjecting  their  lots  to  be  laid  out  anew,  giving  up  one-half 
of  the  quantity  thereof  to  be  sold,  and  the  money  thence  arising  to  be  applied  as  a 
donation  as  aforesaid,  and  they  to  be  reinstated  in  one-half  (jf  the  quantity  of  their 
lots  in  the  new  location,  or  otherwi.se  com])ensated  in  land  in  a  different  .situation 
within  the  city,  by  agreement  between  the  (  (mimissioners  and  them,  aiul  in  ca.'^e  of 
disagreement,  that  then  a  just  and  full  compen.sation  shall  be  made  in  money;  yet 
some  of  the  proprietors  in  Carrollsburg  and  llambiug,  as  well  as  some  of  th(^  j>roprietors 
of  other  lands,  have  not.  from  imbecility  and  other  causes,  come  into  any  agreement 
concerning  their  lands  within  the  limits  hereinafter  mentioned,  hut  a  very  great 
number  of  the  landlnilders  having  agreed  on  the  same  terms,  the  President  of  the 
United  States  directed  a  city  to  be  laid  out  comj)rehending  all  the  lands  beginning 
on  the  east  side  of  Rock  Creek,  at  a  stone  standing  in  the  middle  of  the  road  leading 
from  Georgetown  to  Hladensbiagh;  thence  along  the  middle  of  the  said  road  to  a 
stone  staniling  on  the  east  side  of  the  Reedy  Uranch  of  Goose  Creek;  thence  south- 
ea,sterly,  making  an  angle  of  sixty-one  degrees  and  twenty  minutes  with  the  meridian, 
to  a  stone  standing  in  the  road  leading  from  IJladensburgh  to  the  Eastern  Branch 
ferry;  then  south  to  a  stone  ninety  poles  north  of  the  east  and  west  line  already  drawn 
from  the  mouth  of  Goo,se  Creek  to  the  Eastern  Uranch:  then  east,  parallel  to  the  said 
east  and  west  line,  to  the  Eastern  Branch;  then  with  the  waters  of  the  Eastern  Branch, 
Potomac  River,  and  Piock  Creek  to  the  beginning,  which  has  since  been  called  the 
City  of  Washingto?i:  and 

Whereas  it  apjiears  to  this  general  assembly  highly  just  and  expedient  that  all  the  lands 
within  the  said  city  shoidd  contril)Ute,  in  due  projjortion,  in  the  means  which  have 
already  greatly  enhanced  the  value  of  the  whole;  that  an  incontrovertible  title  ought 
to  be  made  to'the  purchasers,  under  i)id)lic  -sanction;  that  allowing  foreigners  to  hold 
land  within  the  said  territory  will  greatly  contribute  to  tlie  iinpr<_)\ement  and  popula- 
tion thereof;  and  tliat  many  lem])orary  jjrovisions  will  be  necessary  till  Congress 
exercise  the  jurisdiction  and  government  over  the  said  territory:  and 

Whereas  in  the  cession  of  this  State,  heretofore  made,  of  territory  for  the  tJovernment 
of  the  United  States,  the  lines  of  such  cession  could  not  be  particularly  designated; 
and  it  being  expedient  and  projjer  that  the  .same  should  be  recognized  in  the  acts  of 
this  State — 

2.  Be  it  emicted  b>/  the  General  A-s-fcmbl!/  of  Manijand,  That  all  that  {)art  of  the  said 
territory  called  Columbia  which  lies  within  the  limits  of  this  State  shall  be,  and  the 
same  is  hereby,  acknowledged  to  be  forever  ceded  and  relinquished  to  the  Congress 
and  Government  of  the  United  States,  and  full  and  absolute  right  and  exclusive  juris- 
diction, as  well  of  soil  as  of  persons  residing  or  to  reside  thereon,  pursuant  to  the  tenor 
and  effect  of  the  eighth  section  of  the  fir.st  article  of  the  Constitution  of  Government 
of  the  United  States:  Provi/led,  That  nothing  herein  contained  shall  be  so  construed 
to  vest  in  the  United  States  any  right  of  property  in  the  soil  as  to  affect  the  rights  of 
individuals  therein,  otherwise  than  the  same  shall  or  may  be  transferred  by  such 
indiWduals  to  the  United  States:  Anet  provided  also.  That  the  jmisdiction  of  the  laws 
of  this  State  over  the  persons  and  property  of  individuals  residing  within  the  limits  of 
the  cession  afores;xid  shall  not  cease  or  determine  until  Congress  shall,  by  law.  provide 
for  the  government  thereof,  under  their  jurisdiction,  in  manner  provided  by  the 
article  of  the  Constitution  before  recited. 

3.  And  be  it  enacted,  That  all  the  lands  belonging  to  minors,  jjcrsons  absent  out  of 
the  State,  married  women,  or  persons  non  com])os  mentis,  or  the  lands  the  property  of 
ihis  State,  within  tlie  limits  of  Carrollsl^nrg  and  Hamburg,  shall  l)e  and  are  hereby  sub- 
jected to  till- term.-  and  conditions  hereinbefore  recited,  as  to  llie  lots  where  tlie  propri- 
et<^irs  thereof  iiave  agreed  concerning  I  lie  same;  and  all  the  oi  iier  lands,  Ix'longing  as 
.ifore.>^aid,  withitiihe  limits  <if  the  said  city  of  Washington,  shall  be,  and  are  hereby,  sub- 
jected to  the  .same  terms  and  condition.-i  as  the  said  Nolley  Vining.  Daniel  (  arrollol  Dud- 
"lington,  and  others,  have,  by  their  said  agreements  and  deeds,  subjected  their  lands 
to,  and  where  no  conveyances  have  Ikmmi  made,  the  legal  estate  and  trust  are  iiereby 
invested  in  the  said  Thomas  Beall.  son  of  (ieorge.  and  .folm  .Mackall  <!antt,  in  the  same 


44H7?ti 


24  BETBOCESSrOis    ACT    OF    184(). 

manner  as  if  each  proprietor  had  l>een  comijeteut  to  make,  and  had  iiuuU'  a  Uigal  cou- 
veyauce  of  his  or  her  h^nd,  aceording  to  tlie  form  of  those  ah'eady  mentioned,  with 
proper  acknowledgments  of  tlie  execution  thereof,  and  where  necessary,  of  release  of 
dower,  and  in  every  case  where  tlie  proj)rietor  is  an  infant,  a  married  woman,  insane, 
absent  out  of  the  State,  or  shall  not  attend  on  three  months'  advertisement  of  notice 
in  the  Maryland  Journal  and  iialtimore  A(lvertis(>r,  the  Maryland  Herald,  and  in  the 
Georgetown  and  Alexandria  ])apers,  so  that  allotment  can  not  take  place  by  agree- 
ment, the  commissioners  aforesaid,  or  any  two  of  them,  may  allot  or  assign  the  portion 
or  share  of  sucli  proprietor  as  near  the  old  situation  as  may  be,  in  ( 'arrollsburg  and  Ham- 
biu-g,  and  to  the  full  value  of  what  the  party  might  claim  under  the  terms  before 
recited;  and  as  to  the  other  lands  within  the  said  city,  the  commissioners  aforesaid, 
or  any  two  of  them,  shall  make  such  allotment  and  assiginnent,  within  the  lands 
belonging  to  the  same  person,  in  alternate  lots,  determined  by  lot  or  ballot,  whether 
the  i>arty  shall  begin  with  the  lowest  number:  Provi'lt'f/,  That  in  the  cases  of  cover- 
ture and  infancy,  if  the  husband,  guardian,  or  next  friend  will  agree  with  the  com- 
missioners, or  any  two  of  them,  then  an  effectual  division  may  be  made  by  consent; 
and  in  case  of  contrary  claims,  if  the  claimants  will  not  jointly  agree,  the  commissioners 
may  proceed  as  if  the  proprietor  was  absent;  and  all  persons  to  whom  allotments  and 
assignments  of  lands  shall  be  made  by  the  commissioners,  or  any  two  of  them,  on  con- 
sent and  agreement,  or  pursuant  to  this  act  without  consent,  shall  hold  the  same  in 
their  former  estate  and  interest,  and  in  lieu  of  then-  former  quantity,  and  subject  in 
every  respect  to  all  such  limitations,  conditions,  an<l  incumbrances  as  their  former 
estate  and  interest,  and  in  lieu  of  their  former  rpiantity,  and  subject  in  everjr  respect 
to  all  such  limitations,  conditions,  incumbrances  as  their  former  estates  and  interests 
were  subject  to,  and  as  if  the  same  had  been  actually  reconveyed  pursuant  to  the  said 
deed  in  trust. 

4.  And  be  it  enacted,  That  where  the  proprietor  or  proi)rie(ors,  possessor  or  posses- 
sors, of  any  lands  within  the  limits  of  the  city  of  Washington,  or  wilhin  the  limits  of 
Carrollsburg  or  Hamburg,  who  have  not  already,  or  who  shall  not,  within  three  months 
of  this  act,  execute  deeds  in  trust  to  the  aforesaid  Thomas  Beall  and  John  M..  Gantt, 
of  all  their  land  within  the  limits  of  the  said  city  of  Washington,  and  on  the  terms  and 
conditions  mentioned  in  the  deeds  already  executed  by  Notley  Young  an<l  others. 
and  execute  deeds  in  trust  to  the  said  Thomas  Beall  and  John  M.  Gantt  oi  all  their  lots 
in  the  towns  of  Carrollsburg  and  Hamburg  on  the  same  terms  and  conditions  contained 
in  the  deeds  already  executed  by  the  greater  part  of  the  proprietors  of  lots  in  the  said 
towns,  the  said  commissioners,  or  any  two  of  them,  shall  and  may,  at  any  time  or 
times  thereafter,  issue  a  process,  directed  to  th'e  sheriff  of  Prince  Georges  County,  com- 
manding him,  in  the  name  of  the  State,  to  summon  five  good,  substantial  freeholders, 
who  are  not  of  kin  to  any  proprietor  or  proprietors  of  the  lands  aforesaid,  and  who  are 
not  proprietors  themselves,  to  meet  on  a  certain  day,  and  at  a  certain  place  within  the 
limits  of  the  said  city,  to  inquire  of  the  value  of  the  estate  of  such  i)roprietor  or  pro- 
prietors, possessor  or  possessors,  on  which  day  and  place  the  said  sheriff  shall  attend, 
with  the  freeholders  by  him  summoned,  which  freeholders  shall  take  the  following 
oath,  or  affirmation,  on  the  land  to  be  by  them  valued,  to  wit:  "I,  A.  B.,  do  solemnly 
swear  (or  affirm)  that  I  will,  to  the  best  of  my  judgment,  value  the  lands  of  C.  D.  now 
to  be  valued  so  as  to  do  equal  right  and  justice  to  the  said  C.  D.  and  to  the  public, 
taking  into  consideration  all  circumstances,"  and  shall  then  proceed  to  value  the  said 
lands;  and  such  valuation,  under  their  hands  and  seals  and  under  the  hand  and  seal 
of  the  said  sheriff,  shall  be  annexed  to  the  said  process  and  returned  by  the  sheriff  to 
the  clerk  appointed  by  virtue  of  this  act,  who  shall  make  record  of  the  same,  and  the 
said  lands  shall,  on  the  payment  of  such  valuation,  be  and  is  hereby  vested  in  the  said 
commissioners  in  trust,  to  be  disposed  of  by  them  or  otherwise  employed  to  the  use  of 
the  said  city  of  Washington;  and  the  sheriff  aforesaid  and  freeholders  aforesaid  shall 
be  allowed  the  same  fees  for  their  trouble  as  are  allowed  to  a  sheriff  and  juryman  in 
executing  a  writ  of  inquiry;  and  in  all  cases  where  the  proprietor  or  possessor  is  tenant 
in  right  of  dower  or  by  the  courtesy  the  freeholders  aforesaid  shall  ascertain  the  annual 
value  of  the  lands  and  the  gross  value  of  such  estate  therein,  and  upon  paying  such  gross 
value  or  sec:uring  to  the  possessor  the  payment  of  the  annual  valuation,  at  the  option 
of  the  proprietor  or  possessor,  the  commissioners  shall  be  and  are  hereby  vested  with  the 
whole  estate  of  such  tenant,  in  manner  and  for  the  uses  and  purposes  aforesaid. 

5.  And  be  it  enacted,  That  all  the  squares,  lots,  and  parcels  of  land  within  the  said  city 
which  have  been  or  shall  be  appropriated  for  the  use  of  the  United  States,  and  all  the 
lots  and  parcels  which  have  been  or  shall  be  sold  to  raise  money  as  a  dorlatiou  a.s 
aforesaid  shall  remain  and  be  to  the  purchasers,  according  to  the  terms  and  conditions  of 
their  respective  purchase;  and  purchases  and  leases  from  private  persons  claiming  to 
be  proprietors,  and  having,  or  those  under  whom  they  claim  having,  been  in  the 
posseasion  of  the  lauds  purchased  or  leased,  in  their  own  right,  five  whole  yeara  next 
before  the  paesing  of  this  act,  shall  be  good  and  effectual  for  the  estate,  and  on  the 


RETROCESSION   ACT  OF   1846.  25 

terms  and  conditionf; ,  of  such  purchases  and  lea.ses,  respectively,  without  impeach- 
ment, and  against  any  contrary  title  now  existing;  but  if  any  person  hath  made  a  con- 
veyance, or  shall  make  a  conveyance  or  lease,  of  any  lauds  within  the  said  city,  not 
having  right  and  title  to  do  so,  the  person  who  might  be  entitled  to  recover  the  land 
under  a  contrary  title  now  existing  may,  either  by  way  of  ejectment  against  the  tenant 
or  in  an  action  for  money  had  and  received  for  his  use  against  the  bargainer  or  lessor, 
his  heirs,  executors,  administrators,  or  devisees,  as  the  case  may  require,  recover  all 
money  received  by  him  for  the  squares,  pieces,  or  parcels  appropriated  for  the  use  of 
the  United  States,  as  well  as  for  lots  or  parcels  sold  and  rents  received  by  the  person 
not  haA-ing  title  as  aforesaid,  with  interest  from  the  time  of  receipt;  and,  on  such 
recoverj-  in  ejectment,  where  the  land  is  in  lease,  the  tenant  shall  thereafter  hold 
under,  and  pay  the  rent  reserved  to,  the  person  making  title  to  and  recovering  the 
land;  but  the  possession  bona  fide  acquired  in  none  of  the  said  cases  shall  be  changed. 

6.  And  be  it  enacted,  That  any  foreigner  may,  by  deed  or  will  hereafter  to  be  made, 
take  and  hold  lands  within  that  part  of  the  said  territory  which  lies  within  this  State 
in  the  same  manner  as  if  he  were  a  citizen  of  this  State;  and  the  same  lands  may  be 
conveyed  by  him  and  transmitted  to  and  inherited  by  his  heirs  or  relations  as  if 
he  and  they  were  citizens  of  this  State;  provided  that  no  foreigner  shall,  in  virtue 
hereof,  be  entitled  to  any  further  or  other  privilege  of  a  citizen. 

7.  And  be  it  enacted,  That  the  said  commissioners,  or  any  two  of  them,  may  appoint 
a  clerk  for  recording  deeds  of  land  within  the  said  territory,  who  shall  provide  a  proper 
book  for  the  purpose,  and  therein  record,  in  a  strong,  legible  hand,  all  deeds  duly 
acknowledged,  of  lands  in  the  said  territory  delivered  to  him  to  be  recorded,  and  in 
the  same  book  make  due  entries  of  all  divisions  and  allotments  of  lands  and  lots  made 
by  the  commissioners  in  pursuance  of  this  act,  and  certificates  granted  by  them  of 
sales,  and  the  purchase  money  having  been  paid,  with  a  proper  alphabet  in  the  same 
book  of  the  deeds  and  entries  aforesaid,  and  the  same  book  shall  carefully  preserve 
and  deliver  over  to  the  commissioners  aforesaid,  or  their  successors,  or  such  person  or 
persons  as  Congress  shall  hereafter  appoint,  which  clerk  shall  continue  such  during 
good  behavior,  and  shall  be  removable  only  on  a  conviction  of  misbehavior  in  a 
court  of  law;  but  before  he  acts  as  such  he  shall  take  an  oath  or  affirmation  well  and 
truly  to  execute  his  ofiice,  and  he  shall  be  entitled  to  the  same  fees  as  are  or  may  be 
allowed  to  the  clerks  of  the  county  courts  for  searches,  copying,  and  recording. 

8.  And  be  it  enacted.  That  acknowledgments  of  deeds  made  before  a  person  in  the 
manner  and  certified  as  the  laws  of  this  State  direct,  or  made  before  and  certified 
by  either  of  the  commissioners  shall  be  effectual;  and  that  no  deed  hereafter  to  be 
made,  of  or  for  lands  \vithin  that  part  of  the  said  territory  which  lies  within  this  State, 
shall  operate  as  a  legal  conveyance,  nor  shall  any  lease  for  mf)re  than  seven  years  be 
effectual,  unless  the  deed  shall  have  been  acknowledged  as  aforesaid,  and  delivered 
to  the  said  clerk  to  be  recorded  within  six  calendar  months  from  the  date  thereof. 

9.  And  be  it  enacted,  That  the  commissioners  aforesaid,  or  some  two  of  them,  shall 
direct  an  entry  to  be  made  in  the  said  record  book  of  every  alldtnicnt  and  assignment 
to  the  respective  proj)rietors  in  j)ursuaiice  of  this  act. 

10.  And  for  the  encouragement  of  master  builders  to  undertake  the  building  and 
tini.-*hing  houses  within  the  said  city  by  securing  to  them  a  just  and  effectual  remedy 
for  their  advances  and  earnings.  Be  it  enacted.  That  for  all  sums  due  and  owing  tm 
written  contracts  for  the  building  any  house  in  the  said  city,  or  the  brickwork  or  car- 
penters' or  joiners'  work  thereon,  the  undertaker  or  workmen  employed  by  the  ])erson 
for  whose  use  the  house  shall  be  built  shall  have  a  lien  on  the  house  and  the  ground  on 
which  the  .-^anie  is  erected,  as  well  as  for  the  materials  found  by  him:  J'rovided,  The 
said  written  contract  shall  have  been  acknowledged  before  one  of  the  commissioners, 
a  justice  of  the  jx-aec,  or  an  alderman  of  the  corporation  of  (ieorgetown  and  recorded 
in  the  office  of  tiie  clerk  for  recording  deeds,  herein  created,  within  six  calendar  months 
from  the  time  of  acknowledgment  ^is  aforesaid,  and  if  within  two  years  after  the  last 
of  the  work  is  done  Iw  jtroceeds  in  ('(iiiity  he  shall  have  as  upon  a  mortgage,  or  if  he 

f)roceeds  at  law  within  the  .■<anie  lime  he  may  liave  execution  against  the  house  and 
and,  in  who.-;e  hands  soever  the  same  may  be;  l)ut  this  remedy  sliall  l>e  considered  as 
additional  only,  nor  shall,  as  to  the  land",  take  place  of  any  legal  incumbrance  made 
)>rior  to  the  commencement  of  such  claim. 

11.  And  bi'  it  ciiurlrd,  That  the  treasurer  of  tlu-  we.-tern  shore  l)e  empowered  and 
required  to  pay  tlic  seventy-two  thousand  dollars  agreed  to  be  a<l\ance.(l  to  the  PrCH- 
ident  by  re.-olutions  of  the  last  sessions  of  assemldy,  in  sums  as  the  .siin(i  may  come 
to  his  hands  on  the  ap|)ointed  funds,  without  waiting  for  the  day  appointed  for  the 
payment  thereof. 

\2.  And  ht  it  enacted,  That  llic  cominis.Mioners  aforessiid  for  llii'  time  being,  or  any 
two  of  them,  sliiill  from  time  lo  time,  until  Congress  ,-hall  exeni.-je  llie  jurisdiction  and 
government  within  the  liiid  territory,  liiive  jiower  to  license  tiu'  Imilding  of  wharvew 

S.  Doc.  286,61-2 3 


26  RETROCESSION   ACT   OF   1846. 

in  the  \vat(»i>  of  the  Potomac  and  the  Eastern  Branch,  adjoining  the  said  city,  of  the 
materials,  in  the  manner  and  of  tlie  extent  they  may  judge  durable,  convenient,  and 
agreeing  with  the  general  order;  but  no  license  shall  be  granted  to  one  to  build  a  wharf 
before  the  land  of  another,  nor  shall  any  wharf  Ix'  built  in  the  waters  without  license 
as  aforesaid;  and  if  any  wharf  shall  be  built  without  such  license,  or  different  there- 
from, the  same  is  hereby  declared  a  common  nuisance.  They  may  also,  from  time  to 
time!  make  regulations' for  the  discharge  and  laying  of  ballast  from  ships  or  vessels 
lying  in  the  Potomac  Ki\-er  above  the  lower  line  of  th(^  said  territory  and  Georgetown, 
and  from  ships  and  vessels  lying  in  the  Eastern  Pranch.  They  may  also,  from  time 
to  time,  make  regulations  for  landing  and  laying  materials  for  building  the  said  city, 
for  disposing  and  laying  earth  which  may  be  dug  out  of  the  wells,  cellars,  and  founda- 
tions and  for  ascertaining  the  thickness  of  the  walls  of  houses,  and  to  enforce  the  observ- 
ance of  all  such  regulations  bj-  ajjpointing  penalties  for  the  breach  of  any  one  of  them 
not  exceeding  ten  j)ounds  current  money,  which  may  be  recovered  in  the  name  of  the 
said  commissioners,  by  warrant,  before  a  justice  of  the  ])eace,  as  in  case  of  small  debts, 
and  disposed  oi  as  a  donation  for  the  purpose  of  the  said  act  of  Congress.  And  the  said 
commissioners,  or  any  two  of  them,  may  grant  licenses  for  retailing  distilled  spirits 
within  the  limits  of  the  .said  city,  and  suspend  or  declare  the  same  void.  And  if  any 
person  shall  retail  or  sell  any  distilled  spirits,  mixed  or  unmixed,  in  less  than  ten 
gallons  to  the  same  person,  or  at  the  same  time  ac-tually  delivered,  he  or  she  shall 
forfeit  for  every  such  sale  three  pounds,  to  be  recovered  and  applied  as  aforesaid. 

13.  And  be  it  enacted,  That  an  act  of  assembly  of  this  State  to  condemn  lands,  if 
necessan'.  for  the  public  liuildings  of  the  United  States  be,  and  is  hereby,  repealed. 


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